The Report on Human Rights Situation in the Republic of Korea The MOJ acknowledged the use of protective gears that was not legally based, when it released the result of its investigation and means of improvement, in November 2021, and expressed its intent to improve the regulations on the use of protective gear and placement in solitary confinement.16) However, the human rights groups continuously criticized until the end of 2021 for not temporarily releasing him.17) The World Organization Against Torture (OMCT) also sent a letter to the Korean government to take measures for damage recovery and a proper investigation on the government employee. B) Need to Refine the Immigration Act The problems of using protective gear and solitary confinement at the immigration detention centers have been pointed out several times in the past. The use of the ‘shrimp’s posture’ to hold down a person is an inhumane measure, not even having the minimum respect for a human. Also, placing the detainee in a solitary confinement by Hwaseong Immigration Detention Center and the explanation provided to the detainee was too simple and not complete, in light of the legal requirements. Moreover, the detainee was not given an opportunity to make a statement. These have been acknowledged by the MOJ after the decision by the NHRCK, but no other statements have been made thus far. The existing Immigration Act, Regulation on the Protection of Foreigners and the Detailed Regulation on the Protection of Foreigners only list the method of using handcuffs, as related to the use of protective gears, and use of ropes to tie up detainees are not specifically prescribed, other than precautions. Moreover, the use of a solitary confinement as a measure against the obstruction of work or disobedience is punitive in nature. Therefore, it is necessary to provide a full explanation, opportunity to make a statement and procedure to raise any 16) MOJ Press Release, Nov. 1, 2021. 17) Press Conference by the Joint Committee on Responding to a Case of Torture at the Immigration Detention Center (66 Civil Organizations and Groups), Dec. 23, 2021. 22

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