About the scheme
Those detained under a Detention Order or a Deportation Order, the detained guarantor or a legal representative can apply for a temporary release by filing a request to a regional Immigration Office.
Upon receiving such request, the Head of the Immigration Office reviews a) the ground for applying for a temporary release, b) the detained person's current situation, c) financial capability and d) other relevant records and can decide to temporarily release the detained by imposing the following conditions : a) paying a deposit up to KRW 20,000,000, b) setting travel restrictions and c) other required measures.
Who can apply for this scheme?
The detainee him/herself, the detainee's guarantor, legal representative, (an) immediate family members(s) or a lawyer can apply.
What documents are required?
- A completed application form (Annex. Form #118 of Immigration Act Enforcement Regulation)
- (A) Supporting document(s) stating the grounds for applying for a temporary release
- A Proof of financial ability that shows the detainee’s capability to meet the deposit requirement
What are the criteria/record reviewed during the screening process?
- The possibility of serious life-threatening risks, physical threats or irreversible financial damage from arising against the applicant
- The possibility of harming national security, social order and public health by the applicant
- The applicant's criminal record, age, character and his/her behaviour at detention facilities or during investigations
- The possibility of the applicant fleeing
- Overlooked important humanitarian reasons
When can the applicant get back his/her deposit?
- The deposit money is returned when
- the applicant leaves Korea.
- the period of temporary leave expires.
- But the deposit money is not returned to the applicant and is returned to national coffers when
- the applicant flees.
- the applicant denies the request to show up at the Immigration Office more than twice without proper reasons.
- the applicant violates conditions for his/her temporary release.