and detention is stipulated under the Immigration Act, no objections to
deportation order and detention were approved in the last five years. The
number of people deported by authorities between 2012 and August 2018 is
95,048, and among the 405 cases that were filed for appeal, most of them (327
cases or 81%) were dismissed and the rest (78 cases or 19%) had their
indictment dismissed.
35. Another problem related to "detention" is that it could lead to months of longterm detention. Although article 63 of the Immigration Act stipulates that the
immigration authority should obtain prior approval from the Minister of
Justice when the period during which a person subject to a deportation order
exceeds three months and immediately release the person from detention if he
or she fails to obtain approval, only a single person was released from
detention between 2012 and August 2018 upon failure to obtain approval.
36. Against this backdrop, the meaning of "detention" in the Immigration Act
should be expressly stipulated as "confinement" which specifically refers to
the confinement of the body, and such confinement should only be carried out
upon court order and the due process, such as an access to a lawyer for a fair
trial, should be guaranteed.
37. Also, in July 28, 2018, the NHRCK formally expressed its opinion on the
revised Immigration Act that detentions should never be applied to a child
unless there are obvious reasons for the best interest of the child to be
detained. To avoid arbitrary detention, the definite detention period should
be prescribed, and an objective and a neutral procedure should be prepared for
the extension period.
Issue 8. The Right to Form and Join Trade Unions
38. The Migrants' Trade Union (MTU) was established on April 24, 2005, but the
government disapproved the MTU on the grounds that it mostly consist of
unregistered immigrants. The government also has a history of cracking down
on the union head and leadership of MTU and forcibly deported them as it
viewed the union activities, which is the right of union members, as political
group activity.
39. However, on June 25, 2015, the Supreme Court of Korea confirmed that in
cases where a foreigner who has not obtained a sojourn status to work in
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