Human Rights Commission: Requesting a 'Pledge' from Foreigners Applying for Extension of Temporary Protection Release Is a Human Rights Violation

[Asia Economy Reporter Lee Gwan-joo] The National Human Rights Commission has judged that requiring illegal foreign residents to submit a memorandum, which is not stipulated by law, as a condition for extending temporary protection measures constitutes a human rights violation by immigration authorities.

On the 15th, the Human Rights Commission recommended that Director A of the Immigration and Foreigners Office cease the practice of demanding memorandums without legal grounds when handling temporary protection cases and conduct human rights education for staff to prevent infringement on foreigners' rights.

The petitioner received a deportation order and protection order on August 28 last year due to long-term illegal stay but applied for temporary protection citing the need for preparation to leave the country and was granted a one-month temporary protection with a deposit of 20 million won as a condition. Subsequently, the petitioner extended the temporary protection period by one month due to surgery and treatment from an industrial accident and visited the Immigration and Foreigners Office A on October 30 last year to request a further extension for reasons including filing an industrial accident compensation claim.

However, the petitioner filed a complaint with the Human Rights Commission, stating that the extension of the temporary protection period was conditioned on the immediate purchase of a departure airline ticket and the drafting and submission of a memorandum. In response, the immigration authorities claimed, "This is not a violation of regulations but reflects the original purpose of the system, which is to ensure departure once the reasons for temporary protection are resolved."

The Human Rights Commission judged that although not explicitly stated in the law, the immigration authorities effectively coerced the petitioner into purchasing an airline ticket and demanded the drafting and submission of a memorandum. The Commission stated, "The content of the memorandum was not based on the petitioner’s free will, and the demand for its drafting and submission effectively forces the petitioner to accept all disadvantages, including waiving the opportunity for legal remedies, thereby unnecessarily restricting the petitioner’s general freedom of action."

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