(1) In any of the following circumstances, an immigration control official may exercise coercive force on a detainee, and detain the detainee separately from other detainees. In such cases, it shall be limited to the minimum extent necessary for the safety of a detainee’s life and body, prevention of his or her flight, and maintaining the security of and order in a detention facility:
1. Where the alien intends to commit suicide or inflict self-injury;
2. When he or she inflicts harms on other persons or intends to do so;
3. When he or she escapes or intends to do so;
4. When he or she refuses, interferes with or evades the performance of duties by an immigration control official without good cause;
5. When he or she engage in conduct obviously harming the detention facility and the safety and order of detainees, or intends to do so, in any other way than those provided for in subparagraphs 1 through 4.
(2) An immigration control official shall exercise physical tangible power or only use security equipment designated by the Minister of Justice, such as police clubs, gas jet guns, and electric shock gadgets when exercising coercive force under paragraph (1).
(3) An immigration control official who intends to exercise coercive force under paragraph (1) shall give advance warning to the detainee in question; provided, this shall not apply where there is no time to give advance warning to a detainee in emergency circumstances.
(4) When a detainee falls under any subparagraph of paragraph (1) or it is necessary to maintain order in a detention facility, or to escort, etc. for deportation of a detainee, an immigration control official may use any of the following protective equipment:
1. Handcuffs;
2. Ropes;
3. Protective headgear;
4. Other protective equipment not listed above in subparagraphs 1 through 3 that are prescribed by Decree of the Ministry of Justice and deemed particularly necessary to maintain order in a detention facility, or to escort, etc. for deportation of detainees.
(5) Requirements and procedures for the use of protective equipment under paragraph (4) and other necessary matters shall be prescribed by Decree of the Ministry of Justice.[This Article Wholly Amended on May 14, 2010]