Any individual who is unlawfully confined at a confinement facility as a result of administrative disposition or by another individual (hereinafter referred to as “the person confined”) of his/her legal representative, guardian, lineal relations, spouse, siblings, co-habitant, employer, or employees at a confinement facility (“petitioner”) may apply to the court for relief against the head or manager of the facility (“the person confining”) where the person confined is in custody.
For example, anyone who is involuntarily confined at a national or public hospitals, prayer house, etc., or his/her legal representative may file a petition to seek relief.
The court sets a hearing date and notices the relief petitioner, the person confining and the person confined of the date to make sure they appearance in the court.
After hearing arguments, if the court determines that the person's confinement is unlawful or that there is no longer a need for confinement, it orders immediate release of him or her.
The court with jurisdiction over the petition for relief and proceedings
The petition for relief may be filed to the district court or the branch thereof which has jurisdiction over the person confined, where the confinement facility is located or the person confined currently resides.
The petition for relief must include following: (1) the petitioner’s address and name; (2) the confiner’s name, address and other information to identify the person confining; (3) the person confining’s name; (4) summary of the relief sought; (5) the reasons that the petitioner argues that confinement is unlawful and (6) the place of confinement.
Application for a public defender
If the petitioner or the person confined is unable to afford to hire his or her own private defense attorney due to financial constraints or other reasons, he/she may file an application for public defender to the court pursuant to Article 33(2) of the Criminal Procedure Act.
Duties of Confiner
Duty to submit the answer
Duty to attend the hearing
Duty to have the person confined attend hearing
Provisional release and protection
Protection of personal liberty
Cost of trials
The petitioner must pay in advance for the costs incurred throughout the proceedings. The costs include service fees, witness fees, expert fees for professional diagnosis of the person confined's psychological and mental state and the cost of transporting him or her to the provisional facility.
If the petition is not able to afford to pay the costs due to financial difficulties, he/she may use the legal aid program.
The court may have the party losing the trial to bear all or partial costs of the proceedings.