Court dismisses compensation petition by foreigners detained after refugee status rejected

Constitutional Court Justice Lee Jong-seok sits at the court in Jongno District, central Seoul, for a ruling on Thursday. [NEWS1]

The Constitutional Court on Thursday dismissed a petition filed by foreigners who were forcedly detained for months after the Korean government rejected their refugee status.

The petition was filed by three foreigners in June 2021, who claimed that the Korean government should compensate them for being unfairly taken into custody at a detention center. They stated that the current Immigration Act, which does not include a clause to compensate foreigners who were unfairly detained, is unconstitutional.

The foreigners were consequently released after winning the trial to annul the deportation request after being taken into administrative custody for months.

One of them was physically detained in a detention center for 483 days, and another in a repatriation waiting room at an airport for 364 days after they were rejected to reside in Korea as refugees. The other was detained for 121 days after requesting refugee status.

They had requested refugee status, citing the risk of persecution in their home countries. However, the Korean government declined their status as the former had a forged passport, and the other did not have a valid reason to stay in Korea as a refugee.

The foreigners based their arguments on the Criminal Compensation Act, saying that the current law should compensate people like them just as the government repays defendants in criminal cases if they are found innocent after being detained.

However, the court dismissed the request, stating that the Criminal Compensation Act is “to protect those whose freedom has been infringed upon by criminal justice.” The court normally dismisses a complaint when the petition itself is inappropriate to be ruled according to the law.

“The same law cannot be applied to those whose freedom has been infringed upon by administrative forces,” the court said, adding that the court does not have the responsibility to legislate such a law.

Meanwhile, the Constitutional Court ruled that prolonged detention of foreign nationals subject to deportation was unconstitutional in March last year.

The court ordered the amendment of the Immigration Control Law, which stipulates authorities must take foreign nationals slated for repatriation into custody until their departure, without any restrictions on the maximum period for custody. The court ordered the amendment of the concerning clause by May 31, 2025.

BY CHO JUNG-WOO [cho.jungwoo1@joongang.co.kr]