What problems did the NHRCK find in immigration detention facilities in Korea?

The commission said the facilities lacked enough review request forms and temporary release applications. It also found weak guidance on the detention period cap, extension reviews and the right to request oral hearings.

How long can foreign nationals be held under Korea’s revised Immigration Act?

The law allows an initial detention period of up to two months. It can then be extended by three months at a time after review, with a general maximum of nine months and up to 20 months in some cases.

Why did the NHRCK say the extension process was not meeting the law’s intent?

It said 355 of 360 extension applications, or 98.6 percent, were routinely filed for the legal maximum of three months as of Aug. 30 last year. The commission said that pattern showed insufficient review of individual repatriation prospects and the necessity of detention.

Immigration detainees lack access to key forms, rights information: watchdog

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Summary

The National Human Rights Commission of Korea said immigration detention facilities need stronger safeguards after finding inadequate access to review and temporary release forms and weak guidance on detainees’ rights. It inspected the Seoul Immigration Office, the Hwaseong Immigration Detention Center and the Cheongju Immigration Detention Center under the revised Immigration Act, which took effect in June 2025. The commission said extension requests were routinely filed for the legal maximum, often without enough individual review. It recommended clearer forms, receipts, interpretation and notice of appeal rights.

Key Facts

The NHRCK inspected the Seoul Immigration Office, the Hwaseong Immigration Detention Center and the Cheongju Immigration Detention Center.
The revised Immigration Act allows an initial detention period of up to two months, with three-month extensions after review by a detention review panel.
Detention is capped at a maximum of nine months, or 20 months in cases such as delays over refugee applications or violations of the National Security Act.
As of Aug. 30 last year, 355 of 360 extension applications, or 98.6 percent, were filed for the legal maximum of three months.
The commission said detainees should be notified of their right to appeal in a language they understand when a temporary release request, detention review request or extension request is denied or approved.

By Park Ung

Published Aug 31, 2026 1:43 pm KST

The National Human Rights Commission of Korea (NHRCK) building in Seoul / Courtesy of NHRCK

The state human rights watchdog has called for stronger procedural safeguards for foreign nationals in immigration detention after inspections found inadequate access to review and temporary release forms, as well as insufficient guidance on detainees’ rights.

The National Human Rights Commission of Korea (NHRCK) said Monday it inspected the Seoul Immigration Office, the Hwaseong Immigration Detention Center and the Cheongju Immigration Detention Center to see how the revised Immigration Act has operated in the field since taking effect in June 2025.

The revised law allows immigration officials to detain foreign nationals facing deportation for an initial period of up to two months. That period can be extended for three months at a time following review by a detention review panel.

Detention is capped at a maximum of nine months, extendable to 20 months in cases such as delays in enforcement over refugee applications or violations of the National Security Act.

The NHRCK found that the facilities lacked sufficient review request forms and temporary release applications. It also identified inadequacies in guidance on the detention period cap, the extension review process and the right to request oral hearings.

As of Aug. 30 last year, 355 of 360 extension applications, or 98.6 percent, were routinely filed for the legal maximum of three months. This pattern was carried out without sufficient review of individual repatriation prospects or the necessity of detention, making it difficult to reconcile with the revised law's intent to ensure minimum necessary detention, the NHRCK said.

The commission recommended that the justice minister ensure that detention facilities keep review request forms and temporary release applications on hand and issue receipts upon submission.

The right to request oral hearings should also be specified on relevant forms, with necessary interpretation arranged and detainees informed of the detention period cap from the outset, the commission added.

For extensions, the specific period needed should be reviewed for each case, within the three-month cap. Applicants should also be given at least 10 days to submit their opinions when extensions are sought.

Detained foreign nationals should also be notified of their right to appeal in a language they understand. This applies whenever a temporary release request or detention review request is denied, or a detention extension is approved, the commission said.

“We plan to continue monitoring how the system is being implemented so that it functions as a substantive safeguard against prolonged and arbitrary detention,” the NHRCK said.

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