외국인 보호소에 보호심사청구서도 없어…인권위 “실질 보장” 권고

On July 31, the National Human Rights Commission (NHRC) urged the Ministry of Justice to improve practices and policies for foreign nationals in the protection system. Although the protection period for individuals who cannot be deported immediately was limited to two months, and could be extended only upon review by the Foreigner Protection Committee, the investigation revealed that such practices were far from ideal.

The NHRC conducted site visits to Seoul, Incheon, Huinsung, and Cheongju foreigner protection centers between October and November last year. The protection period limitation, which could be extended to a maximum of nine months under certain circumstances, was found to be inadequately implemented in these facilities.

The NHRC emphasized the need for improved guidance on the protection period limitation, extension procedures, and the right to comment during the extension process. In particular, they pointed out that 355 out of the 360 protection extension applications granted, or 98.6%, were automatically set at the three-month legal limit, with no consideration for individual circumstances.

The NHRC recommended that protection facilities display and accept written requests for extension and for the right to comment, as well as provide adequate translation services and a minimum 10-day comment period before decisions are made. They also urged for better communication of the right to a defense during the protection period, which was found to be lacking in many cases.