(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 releases a detainee from detention ex officio in accordance with Article 65 (1) of the Act or where the Immigration Detention Review Committee decides on application for temporary release from detention in accordance with paragraph (2) of that Article, he, she, or it shall examine the following matters: <Amended on May 8, 2018; Sep. 18, 2018; May 27, 2025>
1. Whether a grave threat to life or health, or irretrievable property loss of an immigration detainee is likely to occur;
2. Whether it is likely to harm the national interest, such as national security, social order and public health;
3. Violation of the law, age, character and living attitude of an immigration detainee in the process of investigations and in a detention facility;
4. Whether a detainee is likely to flee;
5. Whether other important humanitarian reasons exist.
(2) Matters concerning detailed criteria and methods of decision on temporary release from detention of the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center under paragraph (1) shall be determined by the Minister of Justice, and matters concerning detailed criteria and methods of decision on application for temporary release from detention by the Immigration Detention Review Committee shall be determined by the Immigration Detention Review Committee. <Amended on May 27, 2025>[This Article Added on Jan. 13, 2012][Moved from Article 79-2 <May 27, 2025>]