Gist of Complaint (2002)
The complainant, who visited his former employer to receive a back pay in the amount of KRW1 million, was assaulted by the employer and his two sons. The altercation loosened his two front teeth. Although the complainant filed a report with the 00 Police Station, it handed the complainant over to the respondent on grounds that he was an illegal alien. The respondent, in turn, decided to deport the complainant. Contending that this is unfair, the complainant requested that his detention be temporarily suspended in order to seek civil remedial procedures concerning his back pay and injury.
Determination and Judgment by the Commission
Given that the complainant was the actual victim of violence and is accordingly entitled to pursue civil remedial procedures regarding his injury; his back pay remains unsettled; he could not voluntarily report his illegal stay because he was apprehended during the period of voluntary reports by illegal aliens; and that a pastor requested temporary suspension of his detention by promising to guarantee his personal identity, it is expected that his deportation by the respondent will be an irremediable violation of rights against the complainant. Thus, the Commission suggested that the head of the 00 Immigration Office temporarily suspend detention of the complainant
