3) Changes and Limitations Related to Protective Equipment and Treatment at
Immigration Detention Centers
A) Introduction of Additional Protective Equipment at Immigration Detention
Centers and Attempt at Conversion into Open Facilities
Foreigners who are subject to deportation due to violations of the Immigration Control Act
and are ‘detained’ at immigration detention centers in Korea until they leave the country.
They mostly live in immigration detention centers in Hwaseong, Cheongju, and Yeosu,247)
and the average waiting period for a detained foreigner at the immigration detention centers
is around 10 days. However, there are cases of waiting for longer periods of time for
reasons, such as refugee application, disposal of residual property, liquidation of various
contractual relationships, and personal affairs.
Foreigners subject to deportation violated the Immigration Control Act, but they did not
commit a criminal offense. Accordingly, unlike criminal arrests, the process of
administrative detention for foreigners subject to deportation, such as ‘physical detention’
and ‘protection,’ is carried out by the immigration officials in a simple procedures, not under
the control of a judge. However, there are criticisms on the operation of the immigration
detention centers, which are places where foreigners subjected to deportation wait before
leaving the country, because they are managed similar to that of correctional facilities,
unnecessarily violating the physical freedom of foreigners.248)
In 2022, there were several changes to immigration detention centers in Korea due to the
controversy over the harsh treatment at the Hwaseong Immigration Detention Center that
occurred during the previous year249) and the release of the Ministry of Justice's
improvement plan.250) Since early 2022, the Ministry of Justice has promoted the revision of
the “Foreigner Protection Rules.” This rule collected opinions from related ministries
247) In the case of Yeosu, the name is ‘Yeosu Immigration Office Protection Room,’ but it actually serves as a detention
center, and the Ministry of Justice classifies it as a long-term protection facility.
248) NHRCK Press Release, Apr. 2, 2018.
249) A case related to a use of protective equipment in a so-called ‘shrimp’s posture’ method; see ‘2021 NHRCK: The
Report on Human Rights Situation in the Republic of Korea’; NHRCK, Decided on Oct. 8, 2021, 21JinJeong045100
0・21JinJeong0477800(Combined); NHRCK, Decided on Dec. 3, 2021, 21JinJeong0520600, etc. for details.
250) MOJ Press Release, Nov. 1, 2021.
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