C) Need to Rearrange the System to Provide the Minimum ‘Detention’ Necessary
Korea’s immigration detention centers were designed for the purpose of temporarily
detaining foreigners subjected to deportation until they leave the country. However, the
current Immigration Control Act does not stipulate the maximum limit of the period of
detention for foreigners, the subject of detention, and the procedure for determining the
appropriateness of detention. Therefore, if circumstances arise in which it is difficult for a
protected foreigner to leave the country, detention indefinitely is possible. As of the end of
Jul. 2021, out of 394 foreigners in Hwaseong and Cheongju immigration detention centers,
55 foreigners have been detained for more than 2 months and 12 foreigners have been
detained for more than 1 year.261)
They are exposed to overcrowding without a fixed duration, restrictions on possession of
goods without legal grounds, poor clothing and opportunities to access medical services,
limited exercise time, and difficulties in responding to life and rights that were created prior
to being detained. In particular, there are many concerns about whether the treatment of
social minorities, such as children and adolescents, the elderly, sexual minorities,
HIV-infected people, and the disabled, in the detention centers is adequately provided.
Countries such as the US, France, Germany, and Taiwan have the maximum detention
period protected by law and are trying to manage and supervise people to be deported in
methods other than detention, such as the ‘home time designation system,’ mandating the
person to stay at home, and the use of facial recognition apps, etc.262) The Global Compact
on Migration (GCM), an agreement to protect migrants that is adopted and approved by the
UN in 2018, also stipulates that detention of migrants should be used only as a last resort and
that efforts should be made to develop alternatives to detention.
Restricting the human rights of detained foreigners must be limited for the purpose of
protection. Unlike the operating purpose of correctional facilities, such as correction,
isolation from society, and retribution, if the immigration detention center is a simple
261) Yonhap News, One out of every 2 detained foreigners are long-term detainees ... Concern for violation of human
rights, Oct. 31, 2021.
262) The Korean Legal News, Is it a detention or a prison? Controversy over immigration detention centers without
maximum detention period, Oct. 17, 2022.
104
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