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Enforcement Decree of the Immigration Act — Article 80-9 (Oral hearings)

출입국관리법 시행령 제80조의9

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 party who intends to apply for an oral hearing in accordance with the proviso of Article 66-12 (4) of the Act shall file an application for an oral hearing prescribed by Decree of the Ministry of Justice with the Immigration Detention Review Committee (including subcommittees; hereafter in this Article, Articles 80-10, 80-15, and 80-16 the same shall apply). In such cases, the detainee (including his or her guarantor or legal representative, etc.) shall submit an application for an oral hearing to the Immigration Detention Review Committee through the Head of an Immigration Office, the head of an office, the head of a branch office, or the head of a detention center.

(2) 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 an application for oral hearing submitted in accordance with the latter part of paragraph (1) to the Immigration Detention Review Commission without delay.

(3) The Immigration Detention Review Committee shall determine the date, time, and place of each meeting and notify the relevant parties or other related persons thereof by no later than 5 days before a hearing of statements or oral hearing in any of the following cases; provided, if a party applies for an oral hearing imminently on the date of the meeting of the Immigration Detention Review Committee, it may be notified by the day before the meeting:

1. Where he or she hears statements made by a detainee and other related persons in accordance with Article 66-12 (2) of the Act;

2. Where an oral hearing is conducted in accordance with Article 66-12 (4) of the Act.

(4) Where the Immigration Detention Review Committee provides a written notification under paragraph (3) or Article 66-12 (5) of the Act to a detainee (including his or her guarantor or legal representative, etc.), it may give such notification through the head of an office, the head of an office, the head of a branch office or the head of a detention center.

(5) The parties or other interested persons who have been notified under paragraph (3) may, where there is any unavoidable reason making it impossible for them to attend the meeting of the Immigration Detention Review Committee, submit their opinions in writing (including electronic documents) in advance.

(6) Where a detainee applies for sitting in company with a person in confidential relationship in accordance with Article 66-12 (7) of the Act, he or she shall submit data explaining the relationship between the detainee and the person who intends to sit with him or her and the reason why sitting in company is necessary.

(7) No person in confidential relationship with a detainee who sits in company with the detainee in accordance with paragraph (6) shall obstruct the proceedings of an oral hearing, and the chairperson (in cases of a subcommittee, referring to the chairperson of the subcommittee) may suspend the company if the person in confidential relationship with the detainee unfairly obstructs the proceedings of an oral hearing.

(8) If the relevant party or any other interested person who intends to state his or her opinion in accordance with paragraph (3) or submit his or her opinion in accordance with paragraph (5) is unable to communicate with the relevant person in Korean or is hearing- or speech-impaired, the Immigration Detention Review Commission may render necessary interpretation or translation assistance.[This Article Added on May 27, 2025]

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