강제퇴거대상 외국인의 보호명령에 대한 위헌성

Abstract

Judgment on the unconstitutional provisions of the Immigration Control Act is a very important constitutional matter that directly links the freedom of the body of foreigners, and has yet to be made by the Constitutional Court. As we have seen in this research paper, protection orders under the terms of the judgment may be re-established again, and some refugee applicants are still long protected, and so the basic rights violation debate is a precondition for the trial.BR Since foreign protection under the Immigration Control Act is to deprive foreigners of their physical freedom in accordance with the criminal procedure, there should be a mechanism for those in an objective and neutral position to examine the validity of their human rights. The defendant can appeal to the Minister of Justice, and if the protection period exceeds three months, it can be extended only through approval from the Minister of Justice, but only by the Office of Administrative Supervision, which issued an order for protection.BR And in order to avoid the possibility of unfair long-term detention of foreigners, it would be desirable to set an upper limit on protection period and to readjust the system so that related procedures can proceed quickly within that period, while the judiciary reviews and decides. In other words, in order to avoid the possibility of unfair long-term detention, the European comparative legal grounds stipulating the maximum length of detention must be considered in order to establish a reasonable period to the upper limit of the protection period.