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Practice of prohibition of departure without legal grounds has to be stopped
Date : 2018.05.25 00:00:00 Hits : 2319

o National Human Rights Commission of Korea recommended to the Minister of Justice to stop the practice of prohibition of departure of foreign nationals without legal grounds for not paying administrative fine.

 

o The Ministry of Justice requires parents or guardian to file an application when foreigners under 17 years old did not file an application for permission for stay under Article 79 of the Immigration Act. Violators are subject to administrative fine of not exceeding one million won and they are prohibited from leaving the country when they do not pay the fine.

 

o However, under the Immigration Act, only a person pending in a criminal trial, a person whose imprisonment with or without labor has not completed, and a person who fails to pay a fine or surcharge are subject to prohibition of departure.

 

o Accordingly, non-payment of administrative fine does not correspond to the ground for prohibition of departure, and thus prohibiting foreign nationals including unregistered migrant children from living the country violates freedom of departure without legal grounds.

 

o NHRCK hopes this decision to improve the practice of prohibiting departure of foreign nationals without legal grounds and enhances immigration policy for foreign nationals.

 

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