주한외국인법률정보

[HOAM Foreign Law Column] Sabeom Simsa to Detention: When a Violation Review Leads to a Protection Order

Understanding why and how some immigration reviews end in immediate detention.

[HOAM Foreign Law Column] Sabeom Simsa to Detention: When a Violation Review Leads to a Protection Order
Table of Contents

While most Immigration Violation Reviews (Sabeom Simsa) end with a fine or a warning, some cases lead to the most feared outcome: immediate detention under a Protection Order (Bo-ho Myeong-ryeong) followed by a Deportation Order. Understanding when this happens is critical for anyone facing an immigration investigation.

1. What is a 'Protection Order' (Detention)?

A Protection Order is not a criminal sentence, but an administrative measure to ensure that a person who is subject to deportation does not flee. You are taken to a foreign national detention center (e.g., Hwaseong or Cheongju) and held there until your flight out of Korea is arranged.

2. When does Sabeom Simsa lead to Detention?

An immigration officer may issue a Protection Order during or immediately after the review if:

  • You are subject to 'Mandatory Deportation' (e.g., drug crimes, severe violence).
  • You have no fixed place of residence in Korea.
  • There is a high risk that you will go into hiding to avoid leaving the country.
  • You do not have a valid passport or the means to purchase a plane ticket.

3. The Path to a Deportation Order (Gang-je Toego)

Unlike a 'Departure Order' (Chul-guk Myeong-ryeong), which allows you to leave voluntarily within a set time (usually 30 days), a Deportation Order means you are forcibly removed. Once this order is issued, you are usually detained immediately. This typically happens for crimes of 'Moral Turpitude' or repeated violations of the Immigration Act.

4. Can You Be Released from Detention?

Yes. You can apply for a 'Temporary Release of Protection' (Bo-ho Il-si Hae-je). You must provide a valid reason (e.g., need for medical treatment, settling complex financial/legal affairs) and pay a guarantee deposit (usually between 3 million and 20 million KRW).

5. Why Hoam Law Firm?

Detention happens in the blink of an eye. Hoam Law Firm provides emergency legal services for those under a Protection Order. We immediately file for 'Temporary Release' to get you out of the detention center and simultaneously challenge the underlying Deportation Order. We ensure you have the freedom to fight your case from outside the bars.

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