Immigration Act Article 38-3

The time spent on one of the following circumstances shall be excluded in the twenty-four hour restriction indicated in Paragraph 2 of the preceding Article, unless there is no unnecessary delay:1. The time spent on the delay caused by traffic obstruction or force majeure;2. The time spent during the transfer of an detainee;3. The interview cannot be conducted due to a detainee’s sudden health prbolems;4. The person filing the objection according to Paragraph 1 of the preceding Article disagree to make written recordsin the evening;5. The records can’t be prepared without the presence of an authorized representative to represent the detainee. The time spent on waiting for an authorized representative shall not exceed four hours. The same rule applies to waiting for persons named in Paragraph 1 of the preceding Article in case a detainee with intellectual and development of disability fails to provide a clear and complete statement;6. The records cannot be prepared without the presence of an interpreter that the detainee may require. The waiting time for an interpreter shall not exceed six hours;7. The time spent while judicial authorities review a criminal case;Based on the proceeding Paragraphs, the National Immigration Agency shall specify the reason in the written report to the court.Where the National Immigration Agency fails to bring a detainee to court within twenty-four hours, the detention order shall be terminate and the detainee be released.