Immigration Act Article 38-8

If an alien, who is suspended temporary detention in accordance with Paragraph 2 of Article 38 or Paragraph 1 of Article 38-1 or whose temporary detention order or cease of detention is terminated in accordance with Paragraph 1 or 2 of the preceding Article, falls under any of the following circumstances and is obviously difficult to be deported from the State without detention, the National Immigration Agency may impose repeated temporary detention on him/her and apply to the court for continued detention, extended detention and re-extended detention by a ruling before the deadline:1. The alien violates the alternative sanctions detention under Paragraph 2 of Article 38 or Paragraph 2 of Article 38-1.2. The reason for terminating the temporary detention order or the ceasing of the detention no longer exists.The period for repeated detention of an alien mentioned in Subparagraph 1 of the preceding Paragraph shall be recalculated.The time period for repeated detention of an alien mentioned in Subparagraph 2 of Paragraph 1 shall be calculated in combination with other time periods of detention for the same case. Except for the re-extended detention under Paragraph 4 of Article 38-4, the period shall not exceed one hundred (100) days.Before the amended Articles of this Act as of May 30, 2023 are enforced, if an alien receives repeated temporary detention, continued detention or extended detention pursuant to Paragraph 1 before amendment, the provisions before amendment shall apply to the period for his/her repeated detention.