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A Study on Improvement of Administrative Investigations Procedures on Immigration Control Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 74(), pp.229-250
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Yoo, Seong hee 1 Jang Kyo-Sik 1

1건국대학교

Accredited

ABSTRACT

The number of illegal aliens in South Korea shows a steady increase, and was tallied as many as two hundred thousand in 2014. Such an increase in the number of illegal aliens represents a role of ‘Immigration Control Law,’ which is regulated to ensure the effectiveness by executing the immigration control administration. In other words, this is because ‘Immigration Control Law’ gives permission to immigration officials not only to crack down on illegal aliens or investigate but also they can take an administrative measure such as compulsory expulsion, ordering deportation, and etc. However, compared with scope of extensive power, it is reality that ‘Immigration Control Law’ cannot narrow the gap between immigration officials who should follow the law and illegal aliens. For example, immigration officials do not comply with ‘obligation to carry or present their badges’ in the crackdown, they clamp down at nighttime or at dawn, and they are inadequate for the regulation, which is about the right not to be forced to police questioning to illegal aliens. Because all such deviations or incompletions of administrative procedure affect not only immigration officials’ legitimacy of activity of duty, but also effectiveness of ‘Immigration Control Law,’ they need to be improved. In other words, regulation of article 82 of the ‘Immigration Control Law’ should be strengthened, so comply with obligation of immigration officials in immigration crackdown procedure, and prevent human rights abuse of illegal aliens by restriction on crackdown at night and dawn. Moreover, with reference to the police questioning and introduction of regulation, which is about restriction of body and prohibition of compulsory questions to the illegal aliens, you need to protect a minimum human rights.

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