외국인에게 인신보호법상의 구제청구권이 인정되는지 여부와 공항 내 송환대기실 수용의 적법 여부

Whether Foreigners have the Right to Petitionfor a Writ of Habeas Corpus as Prescribedby the Habeas Corpus Act, and whether Detentionat the Repatriates' Waiting Room in Airports is Lawful(Subject case: Supreme Court Order 2014Inma5 DecidedAugust 25, 2014) Lee, Hyun-seok This paper is an explanation of Supreme Court Order 2014Inma5 decided August 25, 2014. The issues of the aforementioned Order concerned whether foreigners detained at the repatriates' waiting room in Korean airports have the right to petition for a writ of habeas corpus as prescribed by the Habeas Corpus Act, and also whether the act of forcing foreigners barred from entering the country to stay at airport waiting rooms for a prolonged period of time constitutes unlawful detainment. The subject order viewed that foreigners who are barred from entering the Republic of Korea and detained at the repatriates' waiting room in airports have the right to petition for a writ of habeas corpus as prescribed by the Habeas Corpus Act, and also that the act of forcing such foreigners to stay at the repatriates' waiting room in airports for a prolonged period of time constitutes unlawful detainment. Yet the subject order also viewed that this case's petition for relief should be dismissed, as the petitioner was released from detention following the order of the court below, enabling the petitioner to enter the Republic of Korea while lapsing any benefits from the petition for relief. The subject order is significant for strengthening efforts to guarantee the rights of foreigners whose human rights are likely to be at risk, and for suggesting an important legal principle concerning the scope of application of the Habeas Corpus Act by expanding the scope of the Habeas Corpus Act's application to foreigners who are barred from entry at the entry inspection process, and by identifying the problem of detention at the airport repatriates' waiting room, which had been operated without any explicit legal evidence.