Gist of Complaint (2005)
Overcrowded facilities, restrictions on physical exercise, etc. at an immigration processing center.
Determination and Judgment by the Commission
The crowding of up to 18 foreigners in a 10-person protection room instead of using additional available protection space by the 00 Immigration Office constitutes a violation of human dignity and personal freedom guaranteed under Articles 10 and 12 of the Constitution of the Republic of Korea. It has also been confirmed that neither outside nor inside physical exercise was permitted for the foreigners accommodated in the protection room, which overly limited the personal freedom of those foreigners and thus represents a violation of personal freedom under Article 12 of the Constitution and human dignity under Article 10 of the Constitution. Thus, the Commission recommended in April 2005 that overcrowding be prevented; an outside or inside exercise area be opened so that detained foreigners may exercise once a day; and female foreigners be handled only by female staff.
