Held by Immigration in Korea? Detention Review, Deportation Objection and Temporary Release

When someone is held at an immigration office or detention facility after a crackdown or investigation, both they and their family are easily thrown. Many things have to happen within limited time, and not knowing what can be done and by when means missed rights. This guide sets out the grounds and length of detention under the Immigration Act and the three ways to object, article by article.

Key points

• Detention requires reasonable grounds to suspect a deportation ground and a risk of flight, and is carried out under a detention order (Article 51(1)).
• Family, counsel or others must be notified in writing within 3 days (Article 54(1)).
• There are three ways to object: (1) a review request against the detention itself (Article 55), (2) an objection to the deportation order, within 7 days of receiving it (Article 60), and (3) temporary release from detention (Article 65).
• The three differ in target and body, so you need to match each measure with the right filing.

1. When can someone be detained?

Article 51(1) says an immigration officer may detain a foreigner under a detention order issued by the head of the regional immigration office when there are reasonable grounds to suspect a deportation ground under Article 46(1) and the person has fled or may flee. An application for a detention order must attach materials showing the need for detention (Article 51(2)).

In urgent cases where there is no time to obtain a detention order, the officer may detain first after stating the reason (Article 51(3)). An emergency detention document must then be prepared and shown immediately, and a detention order must be obtained and shown within 48 hours. If it cannot be obtained, the person must be released immediately (Article 51(4) and (5)).

Before issuing a detention order or extending the detention period, the office head must also give the person a chance to state their views orally or in writing (Article 66-3). Enforcement Decree Article 80-2(5) allows interpretation or translation support where the person cannot communicate in Korean.

2. How long can detention last?

• Detention for review and decision: up to 10 days. With unavoidable reasons and the office head's permission, it can be extended once by up to 10 days (Article 52(1)).
• After a deportation order: if the person lacks a passport or transport is not arranged and immediate removal is impossible, detention can last up to 2 months until removal (Article 63(1)). If removal is still not possible after 2 months, for example due to non-cooperation, it can be extended in 3-month increments with approval of the Foreigner Protection Committee, with a total cap of 9 months. Some reasons, such as refugee applications, allow extension up to 20 months (Article 63(2)).
• Once the cap is exceeded, release must be immediate (Article 63-2(1)).

During detention, the rights of detainees must be respected as far as possible, and patients, pregnant women, the elderly and infirm and persons under 19 require special protection (Article 56-3).

3. How is the family informed?

When an immigration officer detains a suspect, the officer must notify the legal representative, spouse, lineal relative, sibling, family member, counsel or person designated by the suspect in Korea in writing within 3 days of the time, place and reason (Article 54(1)). If there is no one to notify, the reason is recorded and notice may be omitted. If the detained person wishes, the consul of their country must also be notified unless there are urgent circumstances (Article 54(2)).

So right after detention, it matters to give the correct contact details of the family member or acquaintance who should be informed.

4. Three ways to object

(1) Review request against detention (Article 55)

A person detained under a detention order, or their legal representative and others, who objects to the detention may request review by the Foreigner Protection Committee through the head of the regional immigration office. Under Enforcement Decree Article 69(1), you file the review request form set by ministerial ordinance with materials explaining the grounds for objection. The Committee dismisses the request if it lacks merit and decides to release the person if it has merit (Article 55(2)).

(2) Objection to the deportation order (Article 60)

If the review concludes that a deportation ground applies, the office head issues a deportation order and must tell the person that they may object to the Minister of Justice (Article 59(3) and (4)). The objection must be filed in writing within 7 days of receiving the order, through the office head to the Minister of Justice (Article 60(1)). The Minister decides whether it is well-founded, and if so, a detained person is released immediately (Article 60(3) and (4)).

Even if the objection is found unfounded, the Minister may permit stay where the person once held Korean nationality or there are special circumstances requiring stay (Article 61(1)). A person who has applied for refugee status or filed an objection under the Refugee Act that is still pending cannot be removed (Article 62(4)).

(3) Temporary release from detention (Article 65)

• Ex officio: the office head may temporarily release a detainee after considering circumstances, the reasons for the request and assets, with a deposit of up to KRW 20 million and conditions such as restriction of residence, regular reporting and a guarantor (as of October 2026, Article 65(1)).
• On application: when the detainee (including a guarantor or legal representative) applies, the Foreigner Protection Committee decides (Article 65(2)). The application attaches materials explaining the reasons and ability to pay the deposit (Enforcement Decree Article 79-2(1)). The Committee must decide within 3 weeks of receiving the application, extendable once by up to 2 weeks for unavoidable reasons (same Article, paragraph 3).
• Review criteria: serious threats to life or body or irreparable property loss, harm to national interests, the person's offense, age, character and conduct in the facility, risk of flight, and other serious humanitarian reasons (Enforcement Decree Article 79-3(1)).
• If conditions are broken or flight is likely, temporary release can be revoked and the deposit forfeited to the state (Article 66).

5. First steps when a family member is detained

1. Write down the dates. The day of detention, the day you received the detention order, and the day you received the deportation order. Count the 7-day objection period from receipt of the order.
2. Check the documents received. The detention order, deportation order and objection guidance state the basis and deadlines.
3. Match the filing to the problem. If the detention itself is the issue, a review request; if the deportation order, an objection; if release is the immediate need, temporary release.
4. Gather supporting materials. Proof of family ties, residence and employment, guarantor details and ability to pay a deposit, stated honestly, help the review.
5. Confirm the person's wishes. Whether they wish to leave voluntarily (including a departure order under Article 68) or keep their stay changes the choice. See the voluntary departure guide for a comparison.

6. What an administrative scrivener can do

We prepare and submit administrative documents such as review requests, objections and temporary release applications, draft statements and opinions, and organize and translate proof of family ties, residence and employment. Investigation and trial defense in criminal cases is outside the scope of an administrative scrivener and we do not handle it.

Because these procedures have short deadlines, the most important step is to check the dates from the day you receive any document. If you already hold a decision, start by sorting out the remaining deadline and then seek advice.