earticle

영어

With the increase of alien labors and their activities within Korea, the matters of alien protection and expursion has become a social problem. But the contents of protecting rights and interests of alien labors were not included in removal procedures, as other parts of the Korean Immigration Laws. This paper has been studying various elements of executing removal procedures with more regard to a lot of difficulties of alien labors being removed.
The Non-staying principle of Execution was adapted by the Administrative Litigation Act and the Administrative Appeals Act, bet it is necessary to restrict that principle. In main issue of this paper, I emphasized that noncitizen suspect has the right to appeal by Administrative Appeals Act, apart from the Korean Immigration Laws, and the decision whether the suspect is removed or not is made by judicial procedures apart from the execution body. It means 'division of examination body and execution body' and 'accomplishment of removal hearing' in reference to the Immigration and National Act of US.
And in this paper I proposed 'Remedial Measures' which is ruled by judicial part. To put it concretely, suspending of execution or effect of removal measure is indispensable and efficacious to the noncitizen labors who were arrested by the immigration officers.