Article 48Hearing

①A suspect who has received the notice set forth in paragraph (3) of the preceding Article may orally request a hearing to a special inquiry officer within 3 days from the date of receiving the notice, if they have an objection to the findings set forth in the same paragraph.

②If a request has been made for the hearing set forth in the preceding paragraph, an immigration inspector must submit the written evidence set forth in Article 45, paragraph (2) and other pertinent documents to a special inquiry officer.

③If a request is made for the hearing set forth in paragraph (1), the special inquiry officer must notify the suspect of the time and place of the hearing and promptly conduct the hearing.

④If the special inquiry officer conducts a hearing as set forth in the preceding paragraph, the officer must prepare a written evidence of the hearing.

⑤The provisions of Article 10, paragraphs (3) through (6) apply mutatis mutandis to the hearing proceedings set forth in paragraph (3).

⑥If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect does not fall under any of the items of Article 24) as a result of the hearing, they must immediately release the suspect, except where the suspect is a person under supervision measures.

⑦If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect falls under the category of a foreign national subject to a departure order) as a result of the hearing, they must promptly notify a supervising immigration inspector to that effect. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1), the special inquiry officer must immediately release the suspect, except where the suspect is a person under supervision measures.

⑨If the suspect, upon receipt of the notice pursuant to the provisions of the preceding paragraph, has no objection to the findings set forth in the same paragraph, the supervising immigration inspector is to have the suspect sign a document containing a statement that they will not file an objection.

⑩The provisions of the second sentence of paragraph (5) of the preceding Article apply mutatis mutandis to the issuance of a written deportation order to a suspect who has no objection to the determination set forth in paragraph (8). In this case, "the findings set forth in paragraph (3)" in item (ii) of paragraph (5) of the same Article is deemed to be replaced with "the determination set forth in paragraph (8) of the following Article".