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Immigration Act — Article 51 (Immigration detention)

출입국관리법 제51조

This English translation is based on the Korean text effective 2026-01-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46(1) and the alien has fled or might flee, an immigration control official may detain the alien upon obtaining a detention order issued by the head of the Regional Immigration Service. <Amended on Mar. 18, 2014>

(2) An application for a detention order filed by an immigration control official under paragraph (1) shall be accompanied by materials attesting the necessity for detention.

(3) If there are reasonable grounds to suspect that an alien falls under any subparagraph of Article 46(1) and the alien has fled or might flee, leaving insufficient time for the head of the Regional Immigration Service to issue a detention order, an immigration control official may detain such alien for emergency reasons after informing the head of the Regional Immigration Service of the ground therefor. <Amended on Mar. 18, 2014>

(4) If an immigration control official has detained an alien for emergency reasons under paragraph (3), he or she shall immediately prepare an emergency detention note and produce it to the alien in question.

(5) If an immigration control official has detained an alien under paragraph (3), he or she shall obtain a detention order within 48 hours and produce it to the alien in question, and the official shall immediately release the alien from detention when failing to obtain such a detention order.[This Article Wholly Amended on May 14, 2010]

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