The National Human Rights Commission (NHRC) said on the 22nd that it expressed the view to the commissioner general of the Korean National Police Agency that there needs to be a procedure to confirm the necessity and reasonableness when restricting personal liberty, including arrest, before handing over the custody of undocumented residents to an immigration office.
According to the National Human Rights Commission (NHRC), undocumented foreign national A filed a petition claiming that a police officer, after making a warrantless arrest for overstaying, unlawfully entered the residence and tried to forcibly take fingerprints, and that refusing to notify the time and place before executing the warrant amounted to a human rights violation.
At the time, A voluntarily appeared before police on suspicion of violating the Emergency Medical Service Act and was questioned, but was immediately arrested as a flagrant offender for violating the Immigration Act after the questioning ended, the account said. In the process of handing A over to an immigration office, A was released after submitting a written promise to appear at the request of the immigration office.
In response, police told the National Human Rights Commission (NHRC) that it was a legitimate execution of official duties under the Police Officers' Performance of Duties Act and the on-site police guidelines for handling undocumented residents.
The First Committee on Remedies for Infringement of the National Human Rights Commission (NHRC) determined that A's arrest by police was a legitimate execution of official duties under laws and guidelines and did not constitute a human rights violation.
However, the National Human Rights Commission (NHRC) said police should first consult with the immigration office to confirm the necessity and reasonableness of a warrantless arrest, such as the risk of flight, and that proceeding with an arrest until the objective can be achieved through a voluntary accompaniment or a request to appear may amount to an unnecessary restriction on fundamental rights.
The National Human Rights Commission (NHRC) conveyed its view to the commissioner general of the Korean National Police Agency that "there is a need to improve the system so that restrictions on personal liberty for undocumented residents are limited to what is necessary."