1. Reason for revision and main contents

The current act prescribes that, if a person who has received a deportation order cannot be immediately repatriated out of the Republic of Korea due to reasons such as not having a passport or not securing transportation, the head of the local immigration office or foreigner internment office may protect such person in a protection facility pending repatriation.

However, since no upper limit is set on the period of protection for people who have received a forced deportation order under the current law and there is no institutional mechanism in place to receive judgment from a neutral institution regarding the extension of the period of protection, etc., such is a violation of the principle of prohibition of excess and legal law and the Constitutional Court judged inconsistency with the Constitution for provisional application. (Judgment 2020Hun-Ka1, March 23, 2023)

Therefore, the aim is to remove the unconstitutionality of the current regulations and strengthen the guarantee of basic rights of protected persons through the establishment of a protective foreigner review committee to review independently and decide the lawfulness, adequacy, and necessity in setting an upper limit for the protection period of a person who has received a deportation order.