사인(私人)에 의한 불법취업 외국인 체포의 문제점과 해결방안 연구

As the number of foreigners entering Korea is increasing due to the influence of the Korean Wave, and the number of foreigners violating the Immigration Control Act is also increasing, attempts to arrest foreigners violating the Immigration Control Act by private enforcement like relevant stakeholders or individuals are increasing. Yet, there is not much discussion or research on the legality of this. Arresting a foreigner in violation of the Immigration Control Act jn a private way not only causes great damage to the arrestor and the arrestee, but also can arise diplomatic problems, so it is necessary to be cautious. Therefore, if we look into the theories, cases, and practices in a while regarding whether a foreigner violating the Immigration Control Act can be regarded as a criminal in the act, and in this case, whether a private individual can make arrests, etc, prosecutors, judicial police officers, as well as private individuals can arrest criminals in the act. However, unlike the cases when anyone can judge and catch a flagrant offender simply by looking at the criminal's certain act at the scene of the crime, it is difficult to judge the violation of the Immigration Act based on a external appearances alone. Likewise individuals who are not professionals or experts should rather not attempt to arrest someone red-handed because, it could be illegal for the violation of Immigration Control Act must precede running of immigration records. Thus, instead of attempting to arrest someone red-handed, it is necessary to report him/her to the police station or local immigration service and take safe and effective method so that the relevant investigative agencies can make arrests. In addition, in order to deter the increase in foreigners who violate the Immigration Control Act, an advanced and flexible entry and stay permit system must be established, as well as an expansion of workforce and protection facilities to strictly monitor on violators of the Immigration Control Act.