Ⅰ. Guaranteeing the Fundamental Human Freedoms: 1. Right to Life and Personal Liberty
objections, but they are not provided for in the current law. The law needs to be
amended so as to avoid any similar problems in the future.
On the other hand, the NHRCK decided on whether he received proper medical
treatment at the immigration detention center and whether he needed temporary
release, etc., but the MOJ is still reviewing the decision as of the end of 2021.18)
Moreover, there were criticisms on the need to use the protective gear against the
detainees and releasing too much information during the press conference by the
MOJ, etc.19)
C) Problems of Long-Term Detention at the Immigration Detention Centers
Other similar cases of human rights violations surfaced upon the release of the
video showing the use of the protective gear, and strong criticisms on the
operating method and purpose of the immigration detentions centers were raised
by human rights groups, the National Assembly and media. The current regulations
on the immigration detention centers are not proper standards for balancing the
rights of the long-term detainees on access to medical care, outside travel and the
settlement of relationships, etc. are not properly and maintained order, as the
regulations are premised on temporary protection.
Foreigners subjected to deportation violated the Immigration Act but did not
commit any crimes. Therefore, the administrative detention of these foreigners
are different from being arrested under the Criminal Act, in that immigration
government employees perform the procedure. Moreover, the immigration
detention centers are managed to detain the foreigners, even though they are not
strictly confinement facilities. The iron bars and CCTVs installed at the immigration
detention centers symbolize the realities of these detention centers.20)
18) The MOJ temporarily released him on Feb. 9, 2022.
19) Hankyoreh, ‘MOJ Instigating Xenophobia through Its Explanation of Shrimp’s Posture,‘ Sept. 30, 2021.
20) NHRCK Press Release, Apr. 2, 2018.
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