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Will Foreign Criminals Resisting Deportation Be Released Again in Korea?

Getty Image Bank
Getty Image Bank

Person A, currently staying at a foreigner detention center, caused a disturbance last month by shouting that the meals at the center were not tasty, taking off his shirt, and behaving violently. He blocked the entrance to the cafeteria, shouted profanities, and even broke tables. Another foreigner, Person B, destroyed CCTV cameras, an air conditioner, and a toilet after his application for residency was denied, and bit the ear of a staff member who tried to stop him. There were also brawls over religious issues, resulting in damage to bathroom toilets and sinks.



Property damage...

Will Foreign Criminals Resisting Deportation Be Released Again in Korea? 원본보기 아이콘

Assault on staff...

A protected foreigner damaged equipment such as CCTV and air conditioners inside the shelter and bit the ear of an employee who tried to intervene, causing injury.

A protected foreigner damaged equipment such as CCTV and air conditioners inside the shelter and bit the ear of an employee who tried to intervene, causing injury.

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Even group brawls...

Two foreigners of different nationalities got into a fight at a detention center for foreigners, and the detention center staff are trying to intervene.

Two foreigners of different nationalities got into a fight at a detention center for foreigners, and the detention center staff are trying to intervene.

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65 foreigners resisting at detention centers... 13 have prior convictions for sexual or violent crimes

According to the Ministry of Justice on the 9th, as of March 20, there are 65 foreigners who are refusing to return to their home countries without valid reasons and are staying at foreigner detention centers for more than three months, despite deportation (forced removal) orders from the Korean government. Of these, 13 have prior convictions for sexual assault, robbery, or other crimes punishable by imprisonment. Most of those who assault other detainees or cause disturbances inside the centers are also ex-convicts or long-term deportation refusers.


Foreigner detention centers are temporary facilities where foreigners who are being deported for reasons such as illegal stay or criminal convictions await return to their home countries. Nine out of ten stay only briefly before leaving, but one or two out of every ten refuse repatriation and remain in this 'temporary shelter.' In some cases, this temporary stay lasts for years.


Nevertheless, sending them back is not easy. Many refuse to apply for temporary passports, and sometimes even their home countries do not cooperate. Currently, there is a foreigner from Eastern Europe who has been at the Yeosu Foreigner Detention Center for over 900 days. He was detained as an illegal resident in 2022 and has refused both repatriation and the issuance of a temporary passport. The Ministry of Justice requested the embassy in Korea to issue a temporary passport ex officio, but the embassy refused, citing conflicts with their domestic laws. As a result, last month, the Ministry of Justice sought assistance from the Ministry of Foreign Affairs to issue a domestic temporary passport and is preparing for deportation.



Starting June, the detention period in immigration detention centers for foreigners will be limited to the '9-month principle, maximum 20 months' by law.
Starting June, the detention period in immigration detention centers for foreigners will be limited to the '9-month principle, maximum 20 months' by law.
If they are not deported within 20 months, the 'protection release' period ends and they must be released onto Korean soil. Photo by DALL·E3


From June, law limiting detention to 'maximum 20 months' will be enforced... Even serious criminals may be released

The problem lies ahead. Starting in June, a new law will take effect, limiting the maximum detention period at foreigner detention centers from having no upper limit to 'nine months in principle, up to 20 months.' If deportation is not completed within 20 months, the period of 'protective custody' ends and detainees must be released onto Korean soil. This means that even those with serious criminal records could be released.


As a result, the Ministry of Justice is stepping up its efforts. Recently, the Ministry executed the forced deportation of a Chinese national who had been sentenced to 18 years in prison for spousal murder and was staying at a detention center after being released last year. He could not return to China because his resident registration was canceled and he could not renew his passport, but the Ministry of Justice persistently persuaded the embassy to issue a temporary passport, making his repatriation possible. A Ministry official stated, "We are prioritizing the forced deportation of those who have stayed at the center for the longest periods without reasonable grounds," and added, "Foreigners deemed unsuitable for stay in Korea will be promptly sent back to their home countries."


The number of foreigners subject to deportation increased from 12,640 in 2020 to 38,856 last year, more than tripling in four years. However, the budget for managing foreigner protection increased by only 40% during the same period, from 15.2 billion won in 2020 to 21.3 billion won this year.

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