1. Reasons for Amendment
This amendment aims to secure the efficiency of alien detention work by reflecting the revised Alien Detention Regulation (Ordinance No. 1038 of the Ministry of Justice) in the Detailed Regulations, reflecting various opinions of affiliated organizations, and rearranging forms that need to be modified in practice.
2. Major Provisions
A. Reflect the revised Alien Detention Regulation
1) Prescribe detailed criteria for the designation of human rights protection officers, the establishment of human rights protection officer's annual human rights training plan for detention workers, and the obligation to report the implementation results, and require reporting reasons for investigation period, non-start, or suspension when reporting human rights violations to the Minister of Justice in a case of human rights violation (Articles 39-2 through 39-6).
2) Change the person having disposition authority of “warning” in lieu of special custody from the Chief of Security Section to the Head of an Immigration Office, etc., higher authority, and strengthen the protection of human rights in the process of special custody by guaranteeing the opportunity for aliens subject to special custody to express their opinions and specifying an alien signature provision in the notice of special custody (Article 72).
3) Strengthen procedural controls over the use of protective equipment by newly inserting procedures for permitting/approving the use of protective equipment, providing precautions when using each protective equipment, and stipulating safety education and safety inspection obligations for the use of protective equipment (Articles 73 through 78-3).
4) Provide procedures for higher authority control over the exercise of force, such as special custody and protective equipment, by newly inserting a duty to establish and implement guidance/inspection plans by the Minister of Justice for the exercise of force (Article 91-2).
B. Enhance the treatment and human rights protection of aliens under detention
1) Clarify the location of the physical examination, and strengthen human rights protection by removing the regulation requiring deployment of guards when an alien under detention is bathing (Article 8).
2) Make it mandatory to take measures through an external medical institution if there is no doctor in the protection facility in the event of a patient, etc., and reinforce medical treatment, such as disinfecting items that come in contact with an infected person in accordance with the Enforcement Rules of the Infectious Disease Control and Prevention Act (Articles 9, 25, and 27).
3) Provide specific standards for permitting items that can be carried within a detention facility for each item to ensure uniformity of detention work (Article 12 and Attached Table 4).
4) Allow the use of digital electronic equipment to record unusual events, and reinforce personal information management by designating a record management handler and specifying provisions prohibiting information leakage and improper use (Article 49).
C. Maintain order and strengthen security in detention facilities
1) Strengthen detention facility access procedures by specifying provisions on keeping/carrying/returning items possessed by outsiders (Article 52).
2) Reinforce the maintenance of order in detention facilities by clearly defining the matters that workers performing detention and security management duties must check (Article 60).
D. Reorganize provisions that reflect actual practices, such as the operation of auxiliary staff
1) Define public service workers/security guards/social service personnel, etc., as auxiliary staff, and provide grounds for the Head of an Immigration Office, etc., to specify their service, attire, etc. (Articles 2 and 70).
2) Expand rental items for exercise such as yoga mats and hula hoops, and stipulate that Go/chess boards are made of rubber materials to prevent injuries to aliens under detention to realize sports and entertainment equipment that can be rented (Article 18).
3) Improve work efficiency by allowing various forms to be managed electronically (Article 102-2).
E. Reorganize other provisions
1) Remove some provisions overlapping with the Alien Detention Regulation, and rearrange terminology and correct misprints/typos.
2) Improve Attached Tables and Attached Forms in conformity with the practice and remove unnecessary forms.
