인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
개인구독
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Judgment on the unconstitutional provisions of the Immigration Control Act is a very important constitutional matter that directly links the freedom of the body of foreigners, and has yet to be made by the Constitutional Court. As we have seen in this research paper, protection orders under the terms of the judgment may be re-established again, and some refugee applicants are still long protected, and so the basic rights violation debate is a precondition for the trial.
Since foreign protection under the Immigration Control Act is to deprive foreigners of their physical freedom in accordance with the criminal procedure, there should be a mechanism for those in an objective and neutral position to examine the validity of their human rights. The defendant can appeal to the Minister of Justice, and if the protection period exceeds three months, it can be extended only through approval from the Minister of Justice, but only by the Office of Administrative Supervision, which issued an order for protection.
And in order to avoid the possibility of unfair long-term detention of foreigners, it would be desirable to set an upper limit on protection period and to readjust the system so that related procedures can proceed quickly within that period, while the judiciary reviews and decides. In other words, in order to avoid the possibility of unfair long-term detention, the European comparative legal grounds stipulating the maximum length of detention must be considered in order to establish a reasonable period to the upper limit of the protection period.
Since foreign protection under the Immigration Control Act is to deprive foreigners of their physical freedom in accordance with the criminal procedure, there should be a mechanism for those in an objective and neutral position to examine the validity of their human rights. The defendant can appeal to the Minister of Justice, and if the protection period exceeds three months, it can be extended only through approval from the Minister of Justice, but only by the Office of Administrative Supervision, which issued an order for protection.
And in order to avoid the possibility of unfair long-term detention of foreigners, it would be desirable to set an upper limit on protection period and to readjust the system so that related procedures can proceed quickly within that period, while the judiciary reviews and decides. In other words, in order to avoid the possibility of unfair long-term detention, the European comparative legal grounds stipulating the maximum length of detention must be considered in order to establish a reasonable period to the upper limit of the protection period.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2019-360-000558438