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Temporary cancellation of confinement

Temporary release of confinement

When a foreigner commits a crime such as drunk driving, assault, injury, sexual harassment, or drugs Depending on the results of the immigration inspection, decisions such as deportation recommendations, departure orders, and forced deportation (forced eviction) will be made.

Most of them set a deadline and execute it, If you are caught by the police or immigration officers, such as illegal employment or illegal stay, you may be immediately imprisoned at a foreigner’s shelter for forced deportation.

In addition, when a foreigner is imprisoned in the court after being imprisoned Even if you are released after the jail period is over, you will be immediately transferred to the shelter and deported.

In some cases, despite a fine or probation decision There are also some unfortunate cases that are taken over to shelter.

This is judged by comprehensively considering the content of the crime, the crime, and the possibility of a recidivism, but the immigration office’s discretion is at large.

If you receive a departure order, you will have a bit of time to organize your personal affairs. Deportation decisions are immediately imprisoned in shelters, so you can’t even have time to organize your personal affairs.

Accordingly, there is a system called temporary cancellation of protection, It is to give you time to organize other things.

Temporary cancellation of protection is not approved by all foreigners who are imprisoned.

Only when there is a serious threat to the life or body of the foreigner, or when there is a risk of serious damage to property that cannot be recovered. The decision will be made by the appropriate immigration office.

The immigration office comprehensively judges the contents of the crime, attitudes, and concerns about fleeing and grants permission.

Therefore, even under the conditions of the same fine, the same sentence, the same period of illegal stay, etc. Approval may vary, and therefore, it is important to prepare well the reasons for application and supporting documents.

Usually, when applying for temporary cancellation of protection, you can deposit a deposit of 20 million won or less (the amount may vary depending on the level of punishment), and you can obtain approval for a certain period of time by attaching the necessary conditions such as housing restrictions and guarantor.

Deposits deposited will be returned upon departure If contact is lost during the temporary cancellation of protection, or if you do not leave the country within the deadline, the deposited guarantee will be forfeited.

Eligibility for requesting temporary cancellation of protection

  1. ward
  2. Guardian’s guarantor, legal representative, spouse, immediate relative, sibling, family, lawyer

Judging Criteria

  1. Whether there is a risk of serious threat to life or body, or irreparable property damage
  2. Whether there is a risk of harming national interests such as national security, social order, and public health
  3. The crime facts, age, character, investigation process of the guardian, and life attitude in a shelter
  4. Whether there is a risk of fleeing
  5. Whether there are other serious humanitarian reasons

Basic documents to be submitted

  1. Invoice for temporary cancellation of protection
  2. Documents proving the reason for requesting temporary cancellation
  3. Documents explaining the ability to pay the deposit

Documents to be submitted by case

1. In case of new medical treatment

-Submit doctor’s medical certificate and hospital treatment fact confirmation

2. Cases related to litigation

-Submission of a copy of the collection and proof of a petition

-The guardian is the plaintiff of the lawsuit and the lawsuit value must be 10 million won or more.

-It is necessary for the guardian to go out for more than 6 days to carry out the lawsuit.

-It should not be the case of filing a lawsuit for cancellation of a protective order or forced eviction order.

-When the guardian is a party to a lawsuit with a litigation value of 10 million won or more and receives a rescue decision from the Legal Aid Corporation, a copy of the legal aid decision is submitted.

3. In case of rental deposit

-Confirmation of the authenticity of the lease agreement

-The rental deposit must be 10 million won or more.

-It is difficult to expect the return of the deposit while the landlord is protected due to reasons such as avoiding the return of the deposit.

4. Cases related to unpaid wages

-Overdue wages of 10 million won or more

-There must be one of the employer’s confirmation of overdue payment or memorandum of payment, or the confirmation of overdue goods issued by the Ministry of Labor.

-When it is difficult to expect to claim and receive overdue wages while being protected.

5. When a spouse or immediate survivor dies in Korea

-Submission of supporting data such as death certificate, hospitalization treatment certificate, etc.

Deposit of the deposit

A deposit of 3 million to 20 million won or less must be deposited in consideration of the following requirements.

  1. Asset status of the person who intends to deposit the deposit
  2. Possibility of guaranteeing the attendance of the guardian
  3. At least KRW 5 million or more if the guarantor has not fulfilled its responsibilities in the past

Extension of the protection temporary cancellation period

  1. Invoice for extension of protection temporary cancellation period
  2. Submit explanatory data
  3. Temporary cancellation period extended at one time is within 6 months

Hwaseong Foreigner Shelter Location and Visiting Hours

Hwaseong Foreigner Shelter

Visiting Hours Mon~Fri 09:00 -11:00, 13:00-16:30 Sat 09:30-11:00

Cheongju Foreigner Shelter Location and Visiting Hours

49, Cheongnam-ro 1887beon-gil, Seowon-gu, Cheongju-si, Chungcheongbuk-do

Visiting Hours Mon~Fri 09:00 -11:00, 13:00-16:30 Sat 09:30-11:00

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