According to the Ministry of Justice, as of the end of September last year, the number of foreign nationals residing in South Korea exceeded 2.5 million. This figure accounts for about 5% of the total Korean population, signaling that South Korea is now entering a truly multicultural and multiracial society.
As the number of foreign residents in the country rapidly increases, various issues involving foreigners—such as discrimination, refugee matters, and crime-related concerns—are emerging. In response, the government has been strengthening enforcement and monitoring of foreign nationals residing in Korea.
In particular, due to the rise in the number of undocumented (illegal) residents, the government has been intensifying crackdowns on such individuals.
If someone is caught in an illegal immigration crackdown, they will be detained in an immigration detention center and will eventually be forcibly deported. However, if the individual cannot comply with the deportation order immediately or needs time to settle personal matters before departure, they may apply for temporary release from detention through a process called “provisional release from detention."
Contents
1.How to apply for provisional release from protection when illegal immigration crackdown happens to you
2. Situations where a request for provisional release from detention may be granted
3.Case study where provisional release from detention was actually granted
4.Have you been caught in a crackdown as an undocumented immigrant but are unable to leave the country immediately?
1.How to apply for provisional release from protection when illegal immigration crackdown happens to you
In South Korea, being an undocumented immigrant constitutes a violation of the Immigration Control Act, and therefore, those caught are very likely to receive a departure (deportation) order.
Recently, there has been a rapid increase in undocumented immigrants from countries such as China, Thailand, and Vietnam, prompting the government to intensify its crackdown on illegal stayers.
Undocumented individuals who are caught are immediately transferred to an immigration detention center, where they are typically detained for about a month before being deported to their home country.
It has been reported that immigration detention centers in Korea have an environment similar to that of a prison, with significant restrictions on personal freedom.
As widely reported in the media, the living conditions in these facilities are also known to be quite poor.
As a result, many foreign nationals who are unable to adjust to life in detention actively look for ways to be released as soon as possible.
There are only two possible ways for a foreigner detained during an immigration crackdown to be released from custody:
- Departing for their home country as soon as possible
- Applying for "Provisional Release from Detention"
If immediate departure is not an option, applying for provisional release becomes the only realistic means of relief.
In such cases, the process may be initiated not only by the detained foreigner but also by a family member or legal representative on their behalf.
When applying, it is necessary to provide a clear explanation of why release is needed, along with supporting documentation to justify the request.
Since this is an area that requires legal expertise, especially from someone who understands the law and administrative procedures, obtaining professional legal support from the beginning is the most effective way to resolve the matter quickly.
2. Situations where a request for provisional release from detention may be granted
Although provisional release from detention typically allows a person to leave the facility for about 3 to 6 months, it was noted that getting this application approved is not easy.
This is especially true for undocumented immigrants, for whom approval is even more difficult to obtain.
To receive approval for provisional release after being caught in an immigration crackdown, one must present a valid reason for release that can convince the Minister of Justice.
The applicant must provide a detailed explanation of their unavoidable personal circumstances that justify leaving the detention center.
Common reasons that an undocumented individual may present when applying for provisional release include:
- Medical reasons requiring the individual to remain in South Korea for treatment or care
- Family-related circumstances, such as marriage, pregnancy, or childcare responsibilities
- The need to wrap up important business matters currently ongoing in Korea
- Other humanitarian reasons that make it essential for the individual to stay in South Korea
3.Case study where provisional release from detention was actually granted
A Chinese national client was working for a cleaning company in Korea when they were caught in an immigration crackdown and transferred to a detention center.
Despite being an undocumented immigrant, the client was suffering from a rare medical condition that required urgent treatment in Korea.
To be released from detention, the client requested legal assistance from Majung Law Firm for a provisional release application.
Although the client was staying illegally, we emphasized the critical need for medical treatment due to their diagnosis of a rare disease called patent ductus arteriosus (PDA).
To support this, we collected extensive medical evidence, including hospital records and a physician’s written opinion, to demonstrate how urgent and necessary the treatment was.
We also strongly argued that there was no risk of the client fleeing during the release period, as they intended to leave Korea after completing medical treatment.
Thanks to Majung’s strategic and logical legal argument, the immigration office approved a 3-month provisional release for the client.
4.Have you been caught in a crackdown as an undocumented immigrant but are unable to leave the country immediately?
Being an undocumented immigrant does not necessarily mean you must leave the country.
If you cannot accept the deportation order, there is a way to express your objection through an administrative lawsuit.
However, since it is difficult to proceed with an administrative lawsuit while detained in a foreigner detention center, it is important to consider first getting released from detention.
To obtain approval for a provisional release application, you must meet strict screening criteria, so having the support of a legal representative with extensive experience in related cases is essential.
The key to gaining approval for provisional release is to receive help from an expert who clearly understands the immigration office’s screening logic.
General law firms with little experience handling foreigner cases or limited understanding of immigration procedures may provide inadequate responses.
Majung, a law firm specializing in foreigner cases, offers optimal legal services based on years of experience in securing provisional release approvals, staffed by attorneys who have worked at immigration offices.
Foreign Specialized Support at Majung Foreigner Center
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
