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Enforcement Decree of the Immigration Act — Article 64 (Requests for detention)

출입국관리법 시행령 제64조

This English translation is based on the Korean text effective 2025-06-01. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where an immigration control official intends to detain an alien issued a detention order in accordance with Article 51 (1) of the Act or Article 78 (1) of this Decree in an immigration detention unit, immigration detention center, or other place determined by the Minister of Justice (hereinafter referred to as "detention facility"), he or she shall be issued a request for detention, stating the grounds and basis for making such request by the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center to which he or she belongs, and send such request for detention to the head of the detention facility who is requested to detain the alien. <Amended on May 8, 2018; May 27, 2025>

(2) Where a reason corresponding to any of the following occurs to an alien whose detention has been requested pursuant to paragraph (1), an immigration control official may change his or her place of detention to another detention facility:

1. Investigations of the alien under the Act;

2. Enforcement of departure from the Republic of Korea;

3. Maintenance of safety and order in the detention facility;

4. Necessary treatment for the alien, such as the provision of medical services.

(3) Where an immigration control official intends to change a place of detention pursuant to paragraph (2), he or she shall be issued a request for change of a place of detention, stating grounds therefor change, etc. by the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center to which he or she belongs, and send such request to the head of the detention facility who detains an alien and the head of another detention facility to which the alien is transferred, respectively. <Amended on May 8, 2018>

(4) When an immigration control official prepares an emergency detention note pursuant to Article 51 (4) of the Act, he or she shall enter grounds for emergency detention, a place and time of emergency detention, etc. in the emergency detention note.[This Article Wholly Amended on Nov. 1, 2011]

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