If you or someone you know is facing immigration detention in Korea, the first thing to understand is that detention ends in one of two ways: deportation, or release from detention. The official guidance describes both routes, and it also describes a separate request called temporary release from detention.
This guide uses only the official Hi Korea guidance. It covers when detention is connected to deportation, what happens when a person is discharged from the detention unit, who may request temporary release, what must be submitted, and what the guidance says happens during discharge from immigration detention in Korea. Where the guidance does not fix a number or a timeline, this guide points you to the official page instead of guessing.
At a glance
| Item | Details |
|---|---|
| Who it applies to | Foreigners treated as immigration offenders, including those subject to a deportation order under Article 46 (1) of the Immigration Act |
| How detention ends | Discharge from the detention unit for either deportation or release from detention |
| Key deadline stated | A written objection to a deportation order may be filed within seven days from the day the written order of deportation is received |
| Temporary release request | May be requested by the immigration detainee, a referee, a legal representative, and similar persons |
| What you need | A written request for temporary release from detention, a reference (authentication is not required), and data explaining the grounds and the ability to deposit a bond |
| Bond limit stated | A bond not exceeding 20 million won, together with possible restrictions on residence |
| Where to ask | The 1345 Immigration Contact Center, Monday to Friday 09:00-22:00, excluding public holidays (call charge applies) |
| Cost | The guidance sets a maximum bond but not a fixed amount for every case, so confirm the current figures for immigration detention in Korea on the official page |
When immigration detention in Korea is used
Detention is part of how the authorities handle foreigners who have offended the Immigration Act. The official guidance calls deportation the strongest type of administrative measure for offending foreigners of the immigration act. It not only forbids the person from staying in Korea, but also deports the person to land outside Korean borders, regardless of their wishes.
A foreigner subject to a deportation order will be repatriated to the country of which the person is a national or has citizenship. The grounds for deportation are listed in Article 46 (1) of the Immigration Act, and the list is long. Some examples from that list appear below.
- A person who has become, or is subsequently found to be, subject to grounds for prohibition of entry under Article 11 (1)
- A person who changes or adds a workplace without permission, in violation of Article 21 (1), or who employs or arranges the employment of a foreigner in violation of Article 21 (2)
- A person who violates a restriction on residence or the scope of activity, or other matters to be observed prescribed by the Minister of Justice under Article 22
- A person who violates the obligation to file for alien registration under Article 31
- A person released after having been sentenced to imprisonment without labor or heavier punishment
⚠️ The official list has more items than these examples, so check the exact ground that applies to your case on the official page.
How a person is discharged from the detention unit
The guidance uses the word discharge for leaving the immigration detention unit. A person is discharged from an immigration detention center for either deportation or release from detention. The two outcomes are different, and so are the practical steps.
| Route out of the detention unit | What the official guidance says |
|---|---|
| Deportation | Personal property, funds, and similar items safeguarded on admission are returned to the detainee, and the person is escorted to the airport or port to be deported, then repatriated to the country of which the person is a national or has citizenship. |
| Release from detention | When it is deemed unnecessary to detain a person even before the termination of the period of detention, the person may be released from detention. |
| Temporary release from detention | On request, and for the reasons set out in the guidance, a detainee may be temporarily released on conditions that may include a bond and restrictions on residence. |
When the foreigner does not have a passport, an immigration control official shall request the embassy of the person’s home country for the issuance of a passport to support a swift discharge. A missing passport does not stop the process; it changes who has to request the document.
How long an individual case takes depends on the case, so ask the office handling the file rather than relying on an estimate.
Temporary release from detention: who can ask and what to prepare
Temporary release is a separate request with its own stated grounds. It may be requested when there is a grave threat to life or health, when irretrievable property loss of the detainee is likely to occur by execution of a detention order or a deportation order, or when other important humanitarian reasons exist.
The request does not have to come from the detainee alone. The persons who may request temporary release from detention are the immigration detainee, a referee, a legal representative, and similar persons. That matters when the detainee cannot prepare documents without help.
Documents to submit
| Document | Note from the guidance |
|---|---|
| A written request for temporary release from detention | The main application document. |
| Reference | Authentication is not required. |
| Data explaining grounds for such request and the person’s ability to deposit a bond | Supports both why release is needed and that a bond can be paid. |
How the request is examined
- Whether a grave threat to life or health, or irretrievable property loss of the detainee, is likely to occur by execution of a detention order
- Whether the detainee is at risk of harming the national interest, such as national security, social order and public health
- Violation of the law, age, character and living attitude of the detainee in the process of investigations and in a detention facility
- Whether the detainee is likely to flee
- Whether other important humanitarian reasons exist
⚠️ A detainee may be temporarily released on conditions that may include a deposit of a bond not exceeding 20 million won and restrictions on residence.
Step by step: requesting temporary release
The steps below follow the order set out in the guidance, so treat this as the shape of the process rather than a fixed timetable.
- Check the ground: a grave threat to life or health, a likely irretrievable property loss caused by execution of a detention order or a deportation order, or another important humanitarian reason.
- Decide who will file. The detainee, a referee, a legal representative, or a similar person may make the request.
- Prepare the written request for temporary release from detention, with a reference that does not need authentication.
- Add data explaining the grounds for the request and the person’s ability to deposit a bond.
- Submit the request and wait for examination against the stated criteria, including flight risk and conduct during investigation and detention.
- If release is granted, comply with every condition imposed, which may include the bond and restrictions on residence.
Keep a copy of everything you submit. The grounds you state are part of the decision, and false grounds are a reason to revoke release later, so what you write at this stage still matters after you are out.
What the guidance says about immigration detention in Korea
This part of the guide keeps two different things apart. One is what the official guidance says happens as part of the deportation or discharge process. The other is what the guidance says a detainee may request. The guidance describes the first group as steps in the process, not as entitlements a detainee can invoke, so the wording below stays close to the source.
What the guidance allows a detainee to request
- A written objection to a deportation order, which may be filed within seven days from the day the written order of deportation is received
- Temporary release from detention, when one of the grounds stated in the guidance exists
- A request for temporary release made by the immigration detainee, a referee, a legal representative, or a similar person, so the detainee does not have to file alone
What the guidance says happens
- Personal property, funds, and similar items that were safeguarded when the detainee was admitted to the detention unit are returned to the detainee.
- The detainee is escorted to the airport or port to be deported, and is repatriated to the country of which the person is a national or has citizenship.
- When the foreigner does not have a passport, an immigration control official shall request the embassy of the person’s home country for the issuance of a passport to support a swift discharge.
- When it is deemed unnecessary to detain a person even before the termination of the period of detention, the person may be released from detention.
The seven-day period for a written objection is the one deadline the guidance fixes, and it runs from the day the written order of deportation is received, not from the day the person was detained. Note the date of receipt as soon as the written order is handed over. If you are not sure which date counts in your case, ask the office handling the file or check the official page.
Common mistakes and what depends on your case
The most common problem after temporary release is losing it. The guidance lists the situations in which temporary release may be revoked and the person may be re-detained.
- Where the grounds for temporary release have ceased to exist
- Where the person fails to comply with an order to appear without justifiable grounds
- Where the person has fled or is likely to flee
- Where it is found that the grounds for the request for temporary release from detention are false
- Where the person violates any of the conditions imposed on temporary release
A person whose whereabouts remain unclear due to fleeing is processed as a person whose whereabouts are unknown, and the bond for that person’s temporary release is processed under the procedures for transfer of bonds to the National Treasury. In plain terms, the money can be lost.
The guidance sets a ceiling of 20 million won for the bond, but the condition applied depends on your case, so confirm the current figures on the official page before you plan for the money.
If you need to speak to someone, the 1345 Immigration Contact Center operates Monday to Friday from 09:00 to 22:00, excluding public holidays, and a call charge applies. Overseas callers can use +82-2-1345 or +82-2-6908-1345 to 6.
Frequently asked questions
How long can immigration detention in Korea last?
The guidance refers to a period of detention, but it frames the outcome as discharge: a person leaves the detention unit either for deportation or on release from detention. It also allows release before the termination of the period of detention when detention is deemed unnecessary. The length depends on your case, so confirm it on the official page.
How do I object to a deportation order in Korea?
The guidance states that if a suspect intends to object to a deportation order, the suspect may file a written objection within seven days from the day the written order of deportation is received. So the objection must be in writing, and the seven days run from the date of receipt rather than from any earlier date. For how this works in your own situation, check the official page or ask the office handling the file.
Who can apply for temporary release from detention on my behalf?
The immigration detainee, a referee, a legal representative, and similar persons may request temporary release from detention. If you cannot gather documents yourself, another eligible person can submit the written request and the supporting data for you.
How much is the bond for temporary release?
The guidance states that temporary release may be granted on conditions that may include a deposit of a bond not exceeding 20 million won, together with restrictions on residence. It sets a ceiling rather than one fixed figure, so the amount depends on your case and should be confirmed on the official page.
What happens to my belongings if I am deported?
Personal property, funds, and similar items that were safeguarded when you were admitted to the detention unit are returned to you. You are then escorted to the airport or port to be deported, and you are repatriated to the country of which you are a national or have citizenship.
If you are dealing with immigration detention in Korea, start with two dates: the day the written order of deportation was received, which starts the seven-day period for a written objection, and the day you can submit a written request for temporary release with the required data. Decide early who will file if you cannot do it yourself, because a referee or legal representative is allowed to make the request. Conditions and bond amounts can change, so confirm the current details on the official page before you act.
Last checked: October 28, 2026. Rules, fees and required documents in Korea change often, and some depend on your visa type and district office. Always confirm the current details on the official pages below before you go.