skip to main contents skip to main menu

Government Legislation

  • Home
  • Legislative Information
  • Government Legislation
  • Pre-Announcement of Partial Amendment to the Foreigner Detention Regulation
    • Competent Ministry : Ministry of Justice
    • Advance Publication of Legislation : 2022-05-25
    • Opinion Submission Deadline : 2022-07-04

1. Reasons for Amendment

 This amendment aims to reinforce the protection of human rights of detained foreigners by introducing a human rights protection officer system within foreigner detention facilities; secure the safety of the life and body of detained foreigners by newly stipulating special custody procedures and period, protective equipment, methods of using them, etc.; and otherwise supplement shortcomings that have emerged in the operation of the current Regulation. 

2. Major Provisions

 A. Introduce a human right protection officer system (Article 29-2 through Article 29-6)

Introduce a system of human rights protection officer who performs related tasks such as inspection of the overall state of human rights in detention facilities and corrective actions; prevent human rights violations of detained foreigners by stipulating the duties of human right protection officers and procedures for reporting and handling human rights violations; provide a device for regular internal control to improve the treatment of detained foreigners.

B. Newly insert provisions for special custody procedures and periods (Articles 40-2 and 40-3)

 Stipulate that the detained foreigner be given an opportunity to state his/her opinion and that he/she receive prior permission and instructions from the head of the entity upon demanding special custody and clearly define the maximum period of special custody as 72 hours (one extension within 72 hours). If 24 hours have not elapsed after the end of special custody, special custody should not be resumed.

C. Provide objection procedures for special duty (Article 40-4)

 Detained foreigners who are under special custody may fill out an objection form and file a written objection with the Minister of Justice through the Administrator (or Commissioner), etc., and the Minister of Justice shall order the cancellation of the special custody by decision if he/she recognizes that the objection is justified.

D. Specify the type of protective equipment, usage requirements, methods, etc., and define requirements for discontinuation of use (Article 43 through Article 43-12)

 Delete “ropes” from the existing protective equipment and clarify the requirements for and the method of use. Adding “ankle protective equipment, braces, and protective chairs” as new protective equipment, clearly define the requirements for use by type, standards for use, and requirements for discontinuation of use.

Regulatory effect assessment
  • 외국인보호규칙(규제영향분석서)_20220520.hwp [download]
Legislative proposal (draft)
  • 1. 「외국인보호규칙」 일부개정령안 입법예고(안).hwp [download]