The Report on Human Rights Situation in the Republic of Korea
The Constitutional Court reviewed the unconstitutionality of the detention
facilities under the Immigration Act in 2016 and 2018. The Constitutional Court
upheld the detention facilities under the Immigration Act as constitutional both
times, but there were conflicting opinions among the justices on the
unconstitutionality of the detention facilities under the Immigration Act in
2013HunBa196 decision in Apr. 28, 2016. In the case, 4 justices stated that it
violated personal liberty and the principle of due process because the upper limit
of the detention period is not established under the Immigration Act, asylum
seekers are not excluded from the people subjected to detention, there is no
control procedure by a third party independent institution or judicial authority in
commencing or extending the detention and an opportunity for a hearing is not
guaranteed.
A report on the ‘result of an investigation on the human rights violations at
Hwaseong Immigration Detention Center and plan for improvements,’ by the
Ministry of Justice in November 2021 included improving the regulations for
procedures related to detaining foreigners, offering alternative detention centers
that guarantee freedom of movement within the facilities and the use of protective
gear, etc.
The NHRCK also stated that the repeated human rights violations at the
immigration detention centers is not only from insufficient work skills of the
employees or a lack of regulations, but partially from the fact that these foreigners
are kept for the long-term at detention facilities that are designed for a temporary
detention.21) The human rights groups are asking to participate in the process of
making the changes, and we need to pay attention to see if the basic paradigm of
these immigration detention centers can change.
21) NHRCK Press Release, Nov. 16, 2021, Etc.
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