National Human Rights Commission of Korea Annual Report 2022
According to Article 63 (1) of the Immigration Act, aliens who are subject to forced deportation
are protected in facilities without any specified time limit until they can be repatriated. While
the majority of protected foreigners are repatriated to their home countries within a short
period, challenges arise when individuals, including asylum seekers or those involved in legal
proceedings, face difficulties in the deportation process and end up being detained for an
extended period.
Protected foreigners encounter difficulties in filing complaints and raising their concerns
regarding protection decisions, living conditions in the protection facilities, and the deportation
process. In particular, addressing human rights violations such as illegal acts or acts of cruelty in
a timely manner proves challenging. The lack of specific considerations for vulnerable groups
within the system is also a concern, including cases involving minors subjected to protective
measures and HIV-infected foreigners kept for extended periods without access to appropriate
treatment. The symposium held by the Commission aimed to facilitate discussions on the
nation’s immigration detention system in line with international standards, best practices, and
systems in other countries. Criteria and cases related to the detention of minority and vulnerable
individuals were examined. The concept of “Alternative to Detention” was introduced to
promote a shift in perspective and bring about reforms in the immigration detention system.
F. Military Human Rights
Swift Response and Early Intervention in Military Death Incidents
The Framework Act on Military Status and Service provides for the establishment of a
Military Human Rights Protector to ensure the guarantee of basic rights for soldiers, address
infringements of those rights, and establish separate legal provisions on the organization, duties,
and operations of the Military Human Rights Protector. However, there have been criticisms
that effective measures have not been taken in response to cases of violations of soldiers’ rights,
leading to the introduction of Article 50-6 of the NHRCK Act and others on July 1. Based on
these provisions, when a soldier or other military personnel dies during service, the Minister of
purpose of deportation or removal constitutes a violation of the right to liberty, i.e., deprivation of liberty, under Article 9
of the Covenant.
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