Immigration Control and Refugee Recognition Act

When suspending the execution of an official inspection, search, seizure or seizure with a recording order, if necessary, the place may be closed or a guard may be posted until the execution is completed.

If a search has been conducted and there are no articles of evidence, a certificate to that effect must be issued upon request by the person subject to the search.

In the event that an immigration control officer has carried out a retention, seizure or seizure with a recording order, they must make an inventory thereof and deliver a transcript of it to the owner, holder or custodian of the retained articles, seized articles or articles seized with a recording order (including a person subject to a disposition pursuant to the provisions of Article 31-4) or a person who acts in the capacity of that person.

Retained articles, seized articles or articles seized with a recording order that are inconvenient to transport or keep may, with the consent of their owner, holder or any other person whom the immigration control officer finds appropriate, be placed in the custody of that person upon obtaining a custody receipt.

If retained articles or seized articles have rotted or deteriorated, or are likely to rot or deteriorate, the director of the regional immigration services bureau may, pursuant to the provisions of Cabinet Order, sell them at public auction after giving public notice and deposit the proceeds.

If there is no longer any need to hold retained articles, seized articles or articles seized with a recording order, the immigration control officer or immigration inspector must return them to the person who is to receive their return.

If the director of the regional immigration services bureau is unable to return the retained articles, seized articles or articles seized with a recording order set forth in the preceding paragraph because the domicile or residence of the person who is to receive their return is unknown, or for any other reason, the director must give public notice to that effect by the method specified by Cabinet Order.

If no request for the return of the retained articles, seized articles or articles seized with a recording order pertaining to the public notice set forth in the preceding paragraph is made even after 6 months have passed from the date of the public notice, these objects belong to the National Treasury.

If it has become unnecessary to retain a recording medium that an immigration control officer seized after transferring electronic or magnetic records or having them transferred pursuant to the provisions of Article 31-4, and the person from whom it was seized and the owner, holder or custodian of the recording medium are different persons, the immigration control officer must deliver the recording medium to the person from whom it was seized, or permit that person to make a copy of the electronic or magnetic records.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the delivery or copying pursuant to the provisions of the preceding paragraph.

If no request for the delivery or copying set forth in the preceding paragraph has been made even after 6 months have elapsed from the date of the public notice pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is not required to make the delivery or to permit the copying.

If it is necessary for conducting an investigation into violations, an immigration control officer may commission a person with relevant knowledge and experience to conduct an expert examination of retained articles, seized articles or articles seized with a recording order, or may commission interpretation or translation.

A person who has been commissioned to conduct an expert examination pursuant to the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy an object pertaining to the expert examination with permission from a judge of the district court or summary court with jurisdiction over the location of the office to which the immigration control officer set forth in the preceding paragraph belongs.

The request for the permission set forth in the preceding paragraph must be made by an immigration control officer.

If a request as set forth in the preceding paragraph is made and the judge finds the request to be reasonable, the judge must issue a permit stating the name of the suspect, the object to be destroyed, the name of the expert, the title and name of the person making the request, the validity period, a statement that the permit may not be executed after the expiration of the validity period and must be returned, the date of issuance and the name of the court, with the name and seal of the judge, and deliver it to the immigration control officer.

The expert must show the permit set forth in the preceding paragraph to the person subject to the disposition set forth in paragraph (2).

In the event that the immigration control officer has conducted an official inspection, search, seizure or seizure with a recording order, the officer must prepare a written evidence thereof and have the observer inspect it, or read it aloud to the observer and have them sign it, and the officer must affix their own signature thereto.

In the case referred to in the preceding paragraph, if the observer is unable to sign or refuses to sign the written evidence, the immigration control officer must make an additional entry to that effect in the written evidence.

If, as a result of an investigation into violations pursuant to the provisions of Article 27, an immigration control officer finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the officer is to notify a supervising immigration inspector to that effect, except where the officer has detained the suspect pursuant to the provisions of Article 43, paragraph (1).

If the supervising immigration inspector who has received the notice pursuant to the provisions of the preceding paragraph finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the inspector must examine whether to place the suspect under supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or to detain the suspect.

If the supervising immigration inspector has decided to detain the suspect in the examination pursuant to the provisions of paragraph (2) of the preceding Article, the inspector is to issue a written detention order and deliver it to an immigration control officer.

If an immigration control officer has received a written detention order pursuant to the provisions of the preceding paragraph, the officer is to detain the suspect under the written detention order.

The name, place of residence, and nationality of the suspect, facts of the suspected offense, place of detention, validity period and date of issuance of the order, and other particulars provided for by Ministry of Justice Order are to be stated in the written detention order set forth in paragraph (1) of the preceding Article, and a supervising immigration inspector must sign their name and affix their seal thereto.

The period of detention set pursuant to the written detention order is to be within 30 days; provided, however, that if a supervising immigration inspector finds that there are compelling reasons, they may extend that period once for an additional 30 days.

The place where the foreign national may be detained pursuant to the written detention order is to be an immigration detention center, etc., or any other appropriate place designated by the Commissioner of the Immigration Services Agency or by a supervising immigration inspector entrusted by the Commissioner.

A police officer may place a suspect in custody in a detention facility upon the request of a supervising immigration inspector who finds it necessary.

If an immigration control officer detains a suspect pursuant to a written detention order, they must show the detention order to the suspect.

In urgent cases, an immigration control officer may detain a suspect by giving the suspect the facts of the suspected offense and informing them that the order has been issued even if the officer is not in possession of a written detention order; provided, however, that the order must be shown to the suspect as soon as possible.

If an immigration control officer finds that there are reasonable grounds to believe that a person clearly falling under any of the items of Article 24 is likely to flee before the issuance of a written detention order, the officer may detain the person without a written detention order.

If detention has been carried out as set forth in the preceding paragraph, the immigration control officer must promptly notify a supervising immigration officer of the grounds for the detention and request the issuance of a written detention order.

In the case referred to in the preceding paragraph, if the supervising immigration inspector does not approve the detention set forth in paragraph (1) (limited to cases in which the inspector finds that the person does not fall under any of the items of Article 24), the immigration control officer must immediately release the person detained.

If an immigration control officer has detained a suspect pursuant to the provisions of Article 39-2, paragraph (2) or paragraph (1) of the preceding Article, the officer must, except where a decision to place the suspect under supervision measures has been made pursuant to the provisions of paragraph (6) of the following Article, hand over the suspect to an immigration inspector together with the written evidence and articles of evidence within 48 hours from the time they have taken the suspect into custody.