출입국관리법상 외국인 보호제도의 개선방안

This essay analyzes the detention of persons subject to deportation orders on the Immigration Act. The term “detention” means an immigration control official’s enforcement activities taking into custody or impounding a person having reasonable grounds to be suspected of falling under persons subject to deportation. Scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. In Korea, The direct application of constitutional norms in immigration law has long been stymied by unique doctrinal and institutional barriers. A foreigner has a status similar to that of a citizens, and therefore, a foreigner is entitled to the basic rights in principle. Although non-national immigrant detainees are not afforded all of the same protections that Korea citizens are, they are protected by the Constitution. Noncitizens are afforded Article 12 of the Constitution procedural due process regardless of their immigration status. These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to immigration purposes. This article considered forced evacuation of aliens and detention. This article reforming the immigration detention system as part of comprehensive immigration reform. 1. Unreasonable long-term Detention violate the rule against excessive restriction, thus infringing upon the physical freedom. 2. Procedural due process requires individualized proceedings to provide adequate notice and a reasonable opportunity to respond to the charges resulting in confinement, while substantive due process requires the government have a legitimate purpose in restricting an individual’s liberty by detaining. 3. Violation of the principle of arrest by warrant under Article 12 Section 3 of the Constitution. The importance of ensuring that the nation’s immigration policy is implemented via “constitutionally permissible means” demand that national assembly consider reforming the immigration detention system as part of comprehensive immigration reform that support the dignity and security of migrants.