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Laws › Enforcement Decree of the Immigration Act › SECTION 5 Temporary release from detention

Enforcement Decree of the Immigration Act — Article 79-2 (Temporary release from detention upon request)

출입국관리법 시행령 제79조의2

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) A detainee (including his or her guarantor or legal representative, etc.) who intends to apply for a temporary release from detention in accordance with Article 65 (2) of the Act shall submit an application for temporary release from detention prescribed by Decree of the Ministry of Justice to the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center, accompanied by data explaining the reason for the application and his or her ability to pay a deposit.

(2) Upon receipt of a written application for temporary release from detention in accordance with paragraph (1), 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 send the written application accompanied by his or her written opinion to the Immigration Detention Review Committee without delay.

(3) The Immigration Detention Review Committee shall make a decision on application for temporary release from detention within 3 weeks from the date it receives such application from the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center in accordance with paragraph (2); provided, if there are unavoidable reasons, the period may be extended only once within the scope of 2 weeks.

(4) When the Immigration Detention Review Committee has made a decision on application for temporary release from detention in accordance with paragraph (3), it shall prepare a written decision on application for temporary release from detention, stating the adjudication, reasons, and applicable legal provisions to 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.

(5) The Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center notified in accordance with paragraph (4) shall send a written decision on application for temporary release from detention to an applicant (if the applicant is not a detainee, including the detainee); provided, this shall not apply if it is not possible to send it to the guarantor due to unavoidable reasons.

(6) Where the Immigration Detention Review Committee decides on temporary release from detention for an application for temporary release from detention, 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 deposit a bond and impose conditions thereof under the latter part of Article 65 (3) of the Act. In such cases, he or she shall also notify the Minister of Justice of the details of such recommendation.

(7) 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 temporarily releases a detainee from detention in accordance with Article 65 (3) of the Act, he or she shall send, in writing, matters prescribed in Article 79 (2) 3 through 5 to an applicant (including a detainee, if the applicant is not a detainee); provided, this shall not apply if it is not possible to send it to the guarantor due to unavoidable reasons.

(8) Article 17 (2) shall apply mutatis mutandis to procedures for the deposit, etc. of bonds in cases of temporary release from detention under Article 65 (3) of the Act.

(9) Article 79 (3) and (5) shall apply mutatis mutandis to the notification of requests for release from detention to the head of a detention facility, the return of a deposit, etc.[This Article Added on May 27, 2025][Previous Article 79-2 Moved to Article 79-3 <May 27, 2025>]

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Korean original (law.go.kr) · Get articles as JSON via API

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