null Immigration/Stay Guide

Immigration Offender Detention

Discharge from Immigration Detention Unit (Deportation/Release from detention) Detention/Procedure Immigration Detention Unit Living/Visits

Discharge from Immigration Detention Unit (Deportation/Release from detention)

Discharge from Detention (Deportation/Release from Detention)
  • A person is discharged from an immigration detention center for either deportation or release from detention.
Deportation
  • When the foreigner does not have a passport, an immigration control official shall request the embassy of the person’s home country for the issuance of a passport to support a swift discharge.
  • Personal property, funds, etc. that were safeguarded when the detainee was admitted to the detention unit are returned to the detainee and he/she is escorted to the airport or port to be deported.
Release from Detention
  • When it is deemed unnecessary to detain a person even before the termination of the period of detention, he/she may be released from detention.
Temporary Release from Detention
  1. When there is a grave threat to life or health, or irretrievable property loss of an immigration detainee is likely to occur by execution of a detention order or a deportation order, or when other important humanitarian reasons exist, he/she may request temporary release from detention.
Person who may Request Temporary Release from Detention
  • Immigration detainee, referee, legal representative, etc.
Documents to Submit when Requesting Temporary Release from Detention
  • A written request for temporary release from detention
  • Reference (authentication is not required)
  • Data explaining grounds for such request and the person’s ability to deposit a bond
Criteria for Examination of Temporary Release from Detention
  • Whether a grave threat to life or health, or irretrievable property loss of an immigration detainee is likely to occur by execution of a detention order
  • Whether a detainee is at risk of harming the national interest, such as national security, social order and public health
  • Violation of the law, age, character and living attitude of a detainee in the process of investigations and in a detention facility
  • Whether a detainee is likely to flee
  • Whether other important humanitarian reasons exist
Conditions of Temporary Release from Detention
  • A detainee may be temporarily released from detention on conditions that may include deposit of a bond not exceeding 20 million won and restrictions on his/her residence.
Revocation of Temporary Release from Detention
  • If a person temporarily released from detention falls under any of the following cases, the temporary release from detention may be revoked and the person may be re-detained. Also, a person whose whereabouts remain unclear due to fleeing, etc. is processed as a person whose whereabouts are unknown, and the bond for the temporary release of the person is processed pursuant to procedures for transfer of bonds to the National Treasury.
    - Where the grounds for temporary release have ceased to exist
    - Where the person fails to comply with an order to appear without justifiable grounds
    - Where the person has fled or is likely to flee
    - Where it is found that the grounds for the request for temporary release from detention are false
    - Where the person violates any of the conditions imposed on temporary release

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