Ministry of Justice and Prosecution Reform Committee Recommends Limiting Travel Bans to "Suspects Under Investigation"

Kim Nam-jun, Chairman of the Legal and Prosecutorial Reform Committee. [Photo by Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] The Legal Affairs and Prosecution Reform Committee announced the 19th recommendation on the 8th, focusing on limiting the subjects of travel bans to 'suspects' once an investigation has begun, and introducing a review system to prevent prolonged travel ban periods.

The committee explained the purpose of the recommendation, stating, "Travel bans on citizens should be kept to the minimum necessary," and "Under current law, the subjects of travel bans are somewhat unclear, and there is a high possibility of prolonged periods."

It added, "There are frequent cases where notifications from related agencies are not properly made, resulting in individuals being unaware not only of their travel ban but also of its cancellation," and pointed out problems with the current travel ban system, saying, "The objection period against travel ban orders is too short, limiting the appeal process."

To improve this, the committee recommended clearly limiting the subjects of travel bans to 'suspects for whom travel is inappropriate due to the commencement of a criminal investigation,' and amending the Immigration Control Act so that travel bans on persons other than suspects can only be imposed if investigative agencies specifically justify the necessity.

Furthermore, for long-term travel bans exceeding one year, the committee urged the establishment of a system where such cases undergo focused review by a 'Travel Ban Review Committee' composed of external members. It also called for improving the practice of not issuing separate cancellation notices after the travel ban period expires, ensuring that cancellation notifications are always made upon expiration, and extending the objection period against travel ban decisions from the current 10 days to 30 days.

The committee emphasized, "If these institutional improvements are made, the constitutional fundamental rights of freedom of residence and movement can be more reliably guaranteed," and added, "By organizing the immigration system according to the principle of due process, the risk of arbitrary operation can also be reduced."

In response, the Ministry of Justice stated, "We agree that the travel ban system should be operated minimally when necessary," and "We will review and promote additional improvement measures referring to the recommendations."