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Study on Protection of Foreigners in Immigration Control Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 59(), pp.245-284
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

lee jae sam 1

1가천대학교

Accredited

ABSTRACT

With the recent increase in people who enter this country, the protection of foreigners are being pointed as legal problems on foreigners defined by Immigration Control Law. The following measures should be promptly taken for improvement. First, it is essential to protect foreigners who are subjects of compulsory expulsion in order for the government to execute compulsory expulsion order. Especially, temporary removal of protection policy should be actively applied to foreigners in long-term protection. In other words, in case foreigners should be protected for a certain period of time, protection should be actively removed according to their personal opinions with conditions such as limits on residence, and a way to reinforce the investigation on trend can be presented. For such execution, supplementary measures such as 20 million Won deposit policy, guarantee policy, and restriction of temporary removal in case of missing after protection removal are required. And foreigner protection may be considered administrative immediate compulsion in non-punitive characteristic, and, especially, foreigner protection has a characteristic of sanction of punishment although it does not have a characteristic of urgency or imposition of obligation. Also, since the period may continue for more than 2 months, certain legal standards on assurance of human rights of protected foreigners are necessary. However, if accommodated foreigners violate the safe or order of the protection facility by running awayㆍriotㆍassault or damaging facility or items and they do not follow fair order or performance of duties of officials by bringing prohibited materials into the facility and trying suicide, stronger sanctions using devices such as handcuffs will be required other than isolated protection. And foreigners who are subject to compulsive removal order desire to depart the country with his or her own expenses, departure order can be issued. In other words, in principle, those who are subject to compulsive removal order should pay for their own expenses, and, for those without money, the national expenses are used to execute compulsive removal. It is inappropriate to use national budget that is the result of taxes from citizens to pay for the cost that is spent for them to return to their countries. Especially, when accommodated foreigners intentionally waste or consume all the returning cost and do not compensate for the damage that they have caused on the facilities, the government should keep the accommodated foreigners' cash to use it when necessary and to compensate for any damage caused on facilitiesㆍitems of the protection facility. It is recommendable to establish regulations on compulsive seizureㆍexecution on accommodated foreigners. Uultimately the recent increase in the number of illegal immigrants and foreigners who violate the law, it is recommendable to strictly execute the law on foreigners for the national benefit. Strict execution of law on foreigners is recommendable for establishing national legal order and prevention of foreign crimes. Although the government should strictly execute the law, the balance and harmony of law and operation should be maintained so that basic rights of foreigners are not violated. Thus, fundamental improvement on the law is demanded.

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