Deportation

​1. outline

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The Immigration Office issues detention orders for foreigners who have received a deportation order or are deemed subject to a deportation order, and foreigners who have received a protection order are detained at the Immigration Office.​

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2. How to respond

 

Foreigners detained under a detention order from the Immigration Office can contest the unfairness of their detention by filing an objection with the Minister of Justice or filing a lawsuit in court, and can additionally apply for temporary release from protection.

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3. Temporary release

 

Foreigners detained at the Immigration Office may apply for temporary release of protection on the condition of depositing a deposit if they require medical treatment or have unpaid wages. However, the Immigration Office generally does not allow applications for temporary release, so in this case, it will be necessary to actively explain the reason for temporary release through a lawyer.

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4. Opinion

 

Currently, the Immigration Act of the Republic of Korea stipulates that the Immigration Service can issue detention orders, but the Constitutional Court of the Republic of Korea ruled that this provision of the Immigration Act is incorrect. The relevant immigration law regulations must be revised by 2025, and it is expected that there will be significant changes to detention orders when the immigration law is revised.