13 Foreign Convicts Resist Deportation Despite Being Ordered Out [News Inside]

65 Foreigners Hold Out in Detention Centers
13 Have Prior Convictions for Sexual Offenses and Other Crimes
Some Resist by Refusing Passport Issuance
New Law Imposes Maximum 20-Month Detention Limit Starting in June

A protected foreigner damaged items such as CCTV and air conditioners inside the shelter and bit the ear of an employee who tried to intervene, causing injury.

Mr. A, who is staying at a detention center for foreigners, caused a disturbance last month by shouting that the meal menu at the center was tasteless, taking off his shirt and acting violently. He blocked the entrance to the dining hall, shouted curses, and even broke tables. Another foreigner, Mr. B, damaged CCTV cameras, air conditioners, and toilets after his stay status in Korea was rejected, and bit the ear of an employee who tried to intervene. There was also a fight over religious issues, resulting in damage to the toilet and washbasin.

According to the Ministry of Justice on the 9th, as of March 20, there are 65 foreigners who have refused to return to their home countries without reason for more than three months despite deportation (forced removal orders) by the Korean government, and are holding out in the detention center for foreigners. Among them, 13 have prior convictions involving imprisonment or heavier sentences for crimes such as sexual offenses and robbery with injury. Most of those who assault other foreigners or cause disturbances within the detention center are either repeat offenders or foreigners who refuse long-term repatriation.

The detention center for foreigners is a temporary place where foreigners who have been deported due to illegal stay or crimes punishable by imprisonment or heavier sentences stay until they return to their home countries. Nine out of ten stay briefly and then return home, but one or two refuse repatriation and endure in this "temporary residence." What is supposed to be brief can turn into several years.

Nevertheless, sending them back is not easy. Many refuse to issue temporary passports until the end, and their home countries often do not cooperate. Currently, there is a foreigner from Eastern Europe who has been staying at the Yeosu detention center for over 900 days. He was caught as an illegal immigrant and entered the center in 2022 but refuses repatriation and the issuance of a temporary passport. The Ministry of Justice requested the Korean embassy to issue a temporary passport ex officio, but the embassy refused cooperation, citing conflicts with domestic laws of the home country. Accordingly, the Ministry of Justice sought cooperation from the Ministry of Foreign Affairs last month to request the issuance of a domestic temporary passport and is preparing to execute deportation.

Two foreigners of different nationalities got into a fight at a foreigner shelter, and the shelter staff are trying to intervene.

The problem lies ahead. Starting in June, the detention period limit for foreigners in detention centers will change from unlimited to a "9-month principle, maximum 20 months" restriction. If deportation is not carried out within 20 months, the "protection release" period ends, and they must be released onto Korean soil, which is an absurd situation. There is also a possibility that violent criminals with prior convictions could be released.

Accordingly, the Ministry of Justice is becoming busy. Recently, the Ministry executed the forced deportation of a Chinese national who had been staying in the detention center after being released last year following an 18-year prison sentence for spousal murder. He could not return because his Chinese resident registration was canceled and his passport could not be reissued, but the Ministry of Justice persistently persuaded the embassy to issue a temporary passport, enabling his return to his home country. A Ministry of Justice official said, "We intend to prioritize the forced deportation of those who have stayed in the detention center for the longest unreasonable periods," and added, "Foreigners deemed undesirable to stay in Korea will be promptly sent back to their home countries."

The number of foreigners subject to deportation increased more than threefold in four years, from 12,640 in 2020 to 38,856 last year. The budget for foreigner protection management increased by only 40% during the same period, from 15.2 billion won in 2020 to 21.3 billion won this year.