Ruling Cancels Refusal to Disclose Two Manuals on Detention of Foreign Nationals and Custody of Immigration Offenders

Who this helps

This may help people interested in whether government manuals on detaining foreign nationals and custody of immigration offenders can be requested under the information disclosure law.

Case overview

Case number

2024구합59459

Court

Seoul Administrative Court

Posted on original board

Jan 14, 2025 (Tue)

Topic

Information Disclosure

Original title (Korean)

[일반] 법무부가 작성한 외국인 보호업무 매뉴얼, 출입국사범 계호업무 통합…

A lawsuit was filed against the decision to refuse disclosure of the manual on the detention of foreign nationals and the integrated manual on custody of immigration offenders, both prepared by the Ministry of Justice.

Can the Justice Ministry refuse to disclose its manuals on detention of foreign nationals and custody of immigration offenders?

A lawsuit was filed against a decision refusing to disclose two manuals written by the Ministry of Justice. One covers detention of foreign nationals. The other is an integrated manual on custody of immigration offenders. The court found that the information disclosure law gives no ground for non-disclosure for these two manuals. It therefore cancelled the refusal.

How the court ruled

The court found that neither manual falls under the non-disclosure grounds set out in the Information Disclosure Act. It therefore cancelled the decision to refuse disclosure.

What to check in a similar situation

The handling of a disclosure request and the stated reason for any refusal can be checked with the relevant immigration or foreigner-related office and the ministry. The case record can be checked with the court.

• Find your immigration office
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• Contacts: Immigration Contact Center 1345

Terms explained

Information disclosure refusal

A decision by a public body not to release the documents someone asked for. It can be challenged in court.

Non-disclosure ground

A reason listed in the information disclosure law that allows a public body to keep information private. The court found none for these manuals.

Cancellation of a disposition

A court ruling that removes the legal effect of an administrative decision. Here, the refusal decision was cancelled.

More rulings on this topic

• Ruling that a foreign national whose period of stay has expired may also request information disclosure · Seoul Administrative Court
• Ruling that an immigration office head's refusal to disclose refugee interview video was unlawful · Seoul Administrative Court

See all 3 rulings on Information Disclosure →

Frequently asked questions

What did the lawsuit challenge?

It challenged a decision refusing to disclose two Ministry of Justice manuals. One is on detention of foreign nationals, and the other is an integrated manual on custody of immigration offenders.

How did the court rule?

The court found no non-disclosure ground under the information disclosure law for the two manuals. It cancelled the refusal decision.

Does this result apply to every similar case?

No. It is the court's decision in this case and does not apply as is to other cases.