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Laws › Enforcement Decree of the Immigration Act › SECTION 4 Execution of Deportation Orders

Enforcement Decree of the Immigration Act — Article 78 (Detention of persons subject to deportation orders and approval for extension of period of detention)

출입국관리법 시행령 제78조

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 the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center intends to detain an alien subject to a deportation order until he or she can repatriate the person in accordance with Article 63 (1) of the Act, he or she shall issue and produce a detention order for deportation to the alien.

(2) Where the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center intends to apply for approval for extension of a period of detention to the Immigration Detention Review Committee in accordance with Article 63 (2) of the Act, he or she shall send an application for approval for extension of a period of detention to the Immigration Detention Review Committee by not later than 3 weeks before the end of each period of detention, accompanied by documents prescribed by Decree of the Ministry of Justice, such as documents stating the necessity for extension of a period of detention; provided, if there are unavoidable reasons, an application for approval for extension of the period of detention may be filed even after the deadline specified in the main clause in consultation with the Immigration Detention Review Committee.

(3) Where the alien has stated his or her opinion on application for approval for extension of a period of detention orally or in writing in accordance with subparagraph 4 or 5 of Article 66-3 of the Act, the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center shall also send such opinion when he or she applies for approval for extension of the period of detention to the Immigration Detention Review Committee in accordance with paragraph (2).

(4) Upon receipt of an application for approval for extension of a period of detention in accordance with paragraph (2), the Immigration Detention Review Committee shall make a decision on the application by the day before the date the period of detention ends, and notify the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center, and the Minister of Justice of the results of and reasons for the application.

(5) Where the Immigration Detention Review Committee decides to approve an extension of the period of protection in accordance with paragraph (4), the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center shall issue an extension of the period of protection stating the reason for extension, the period of extension, etc. and produce it to the persons detained in the detention center (hereinafter referred to as "detainee"). In such cases, the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center shall serve a copy of the extension of the period of detention to the head of the detention facility who detains the detainee.

(6) Where the Immigration Detention Review Committee decides not to approve the extension of a period of detention in accordance with paragraph (4), it may recommend 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 impose conditions for release from detention under Article 63-2 (4) of the Act. In such cases, he or she shall also notify the Minister of Justice of the details of such recommendation.[This Article Wholly Amended on May 27, 2025]

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