The attention of the international community in 2015 called for 'Syrian refugee crisis, refugees concentrated in the instrument, the law of the country for this policy has also emerged as urgent concerns.Refugees are a very sensitive problem for receiving countries to accept refugees even country, which will issue between humanitarian and national perspective, it would need to seek a solution to consider the issue within the country properly.

On the other hand, our country is I'm mainly in charge of the Immigration Control Act include civil and human problems associated with refugees, the current legislation in such a situation does not have adequate safeguards for the rights of refugees. In particular, unjustified long detention for asylum-seekers are laws and institutions as a problem in this regard is that most often involve the element of human rights violations has been the subject of constant criticism. That is the current detention for asylum-seekers have been made over the immigration law 'protection' measures. But the immigration law 'Protection' is in fact not that substance is different from the 'arrest' or 'redemption' in criminal proceedings, and even thus substantially capable to correspond to human redemption "protect" the only immigration of office intestine people there is a problem that only a protection order is made through a mechanical issue. In addition, the Immigration Act that this does not define the protection (custody) period can be called explicitly biggest cause serious problems in long-term detention. In addition to deposit a matter of immigration law 'Protection', I legally lot with regard to long-term detention issues of issues such as asylum-seekers on Trafficking Act excluding habeas claims of the issues and immigration law foreign civil refugee screening process delay uniformly, There are institutional problems.

Therefore it geotinde be legal to deal with unfair long-term detention issues for refugee claimants at present, to establish the institutional improvements needed, which direction to meet while international standards realizing the human rights values that maintain refugee regulations. It may be achieved through.

Specific improvements can be presented as a hermeneutical method to legislative policy options, as follows:

First, legislative improvements before the administrative agency itself has upper and the need for protection period while maintaining the current framework, reciprocality the hermeneutical method is necessary to ever
attempt the examination requirements.

Second, the most powerful legislative alternative to this is to consider that the detention in custody of the refugee legislation restricts the freedom of the
body, similar to the Constitution of Article 12 of this procedure, the warrant attention and the Criminal Procedure Code.

Third, and thus is protected foreigner or his legal representative, etc. need to consider a policy that allows you to charge a jeokbusim four of protection to the District Court with jurisdiction over the location of the protected area.

Fourth, it is necessary to boil without detention problem to specify the upper limit of the period of time that can be protected by a protection order to correct the (particularly toxic to be a problem for refugee applicants).

Fifth, if you satisfy the requirements of deportation command is issued only by mechanical protection, it is necessary to add the substantive requirements in order to solve the problems disclosed. Especially to add a 'necessity' and 'reciprocality' requirements need to be considered seriously in the current system.

Sixth, impose a temporary release current deposit amount considering the extent of the violations that were immobilized to 20 million won and foreign economic situation flexibly and installment payment may need to be available.

Seventh, the same as if the infringement of personal liberty that stems from de facto protection due to the criminal process, the issuing of a protection order based Immigration Control Act Article 51 can be considered as a way to judge.

Finally, the protection by the Immigration Act need to be, despite no room to be different from other accepted amendments to applicable exemptions of human laws because it is not reasonable to indiscriminately excluding the habeas claims to the Immigration Act foreigners have.