(1) Where it is impossible to immediately repatriate a person subject to a deportation order out of the Republic of Korea because the person has neither passport nor means of transportation available, or for any other reason, the head of Regional Immigration Service may detain the person in any detention facilities for a period not exceeding 2 months until the person can be repatriated.
(2) Where a person falling under paragraph (1) cannot be repatriated even after 2 months have elapsed due to his or her failure to cooperate with repatriation or for other reasons, the head of a Regional Immigration Service may, within the limit of 3 months at a time, extend the period of detention until such person can be repatriated, subject to prior approval from the Immigration Detention Review Committee for extension of the detention period. In such cases, the total period of detention, including any extension thereof, shall not exceed 9 months; provided, where the person to be repatriated cannot be repatriated even after 9 months have elapsed and falls under any of the following subparagraphs, the head of the Regional Immigration Service may, within the limit of 3 months at a time, extend the period of detention until such person can be repatriated, subject to prior approval from the Immigration Detention Review Committee for extension of the detention period; in such cases, the total period of detention, including any extension thereof, shall not exceed 20 months:
1. Where the person to be repatriated has, after receiving a deportation order, files an application for recognition as a refugee pursuant to the Refugee Act, or files a lawsuit against a decision made by the Minister of Justice or the head of Regional Immigration Service under the Refugee Act, thereby delaying the repatriation procedure;
2. Where the person to be repatriated falls under any of the following items:a. A person who has committed a crime prescribed in the National Security Act;b. A person who has committed a crime prescribed in the Act on Counter-Terrorism for the Protection of Citizens and Public Security;c. A person who has committed a crime prescribed in the Act on Prohibition against the Financing of Terrorism and Proliferation of Weapons of Mass Destruction;d. A person who has committed any of the crimes of insurrection under Chapter I of Part II of the Criminal Act, crimes concerning foreign aggression under Chapter II thereof, crimes concerning diplomatic relations under Chapter IV thereof, or crimes against public peace under Chapter V thereof;e. A person who has been sentenced to imprisonment without labor or a heavier punishment for committing a crime prescribed by Presidential Decree, such as murder, injury, rape, indecent assault, or robbery, which harms public order or the safety of the public.
(3) In examining an application for approval of an extension of the detention period under paragraph (2), the Immigration Detention Review Committee shall take into consideration the possibility of repatriation, the necessity of detention, and whether the country of repatriation is cooperative, among other factors; where it approves an extension of the detention period, it shall determine the extension period as the minimum period necessary for the repatriation of the detainee.
(4) The Minister of Justice, if he or she deems it necessary for the repatriation of the detainee under paragraphs (1) and (2) or other related tasks, may order the head of Regional Immigration Service to transfer a detainee to another detention facility, as prescribed by the Decree of the Ministry of Justice.
(5) For detention under paragraph (1), Articles 53 through 55, 56-2 through 56-9, and 57 shall apply mutatis mutandis, and for detention under paragraph (2), Articles 56-2 through 56-9, and 57 shall apply mutatis mutandis.[This Article Wholly Amended on Mar. 18, 2025][This Article was amended by Act No. 20794 promulgated on March 18, 2025, following the decision of unconstitutionality by the Constitutional Court on March 23, 2023]