Any individual who is confined unjustly at a confinement facility as a result of administrative measure or by another individual (“Confinee”) of his/her legal agent/guardian/lineal relations/spouse/siblings/co-habitant/employer, or employee at a confinement facility
(“Applicant”) may apply to the court for relief against the head or manager of the facility that has custody of the Confinee (“Confiner”).
For example, anyone who is involuntarily confined at a national/public hospitals, prayer house, etc., or his/her legal agent may request relief.
The court designates a hearting date which is advised to the Applicant, the Confiner and Confinee to make an appearance in the court.
After its deliberation, if the court finds that the confinement of the Confinee is illegal or that there is no longer a need for the confinement, it orders the Confinee to be immediately released.
Court of jurisdiction for the application for relief/method
The application for relief may be made to the district court or the branch thereof which has jurisdiction over the Confinee, the address of the confinement facility, the residence or current of address of the Confinee.
The application for relief must be done through a document that sets forth: (1) the Applicant’s address and name; (2) the Confiner’s name, address and other information to identify the Confiner; (3) Confinee’s name; (4) A summary of the relief sought; (5) Why confinement is illegal and (6) the place of confinement.
Application for appointment of public defender
In the event the Applicant or the Confinee is unable to individually appoint a defense counsel because of economic difficulty or other reasons, he/she may request the court for a public defender pursuant to Article 33(2) of the Criminal Procedure Act.
Duties of Confiner
Duty to submit answer
Duty to attend the hearing
Duty to have the Confinee attend hearing
Provisional release and protection
Cost of trials
The Applicant must pay in advance for the costs necessary for the trial. The costs include the cost of service, cost of a witness to make appearance, costs needed for the professional diagnosis of the Confinee’s psychological/mental state and the cost of transporting the Confinee to the provisional confinement facility.
In the event the Applicant cannot 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 trial.