Detention Act Article 102

Unless otherwise provided by special provisions, a defendant who disagrees with the ruling or disposition made by the court that issues the detention order or the prosecutor may file an interlocutory appeal or file a motion to reverse or amend the ruling, to which the provisions of Chapter XIII, Part 1 of the Code of Criminal Procedure on Decisions and Part IV on Interlocutory Appeal apply mutatis mutandis.For disputes in connection with the disposition of prohibition or seizure made by a detention center in accordance with Paragraph 3 or Paragraph 4, Article 105 of the Code of Criminal Procedure, a defendant may file a written or verbal objection with the detention center before the original instruction of prohibition or seizure is cancelled. In such event, the detention center shall make a decision in three (3) days. Where the detention center deems the defendant’s objection to have merit, it shall immediately suspend, revoke, or change the original disposition or render a decision based on the defendant's request or objection. If the detention center deems the objection meritless, it shall render a decision of objection dismissed.Where the defendant disagrees with the decision of the detention center in the preceding paragraph, he/she should, within five (5) days, request the prosecutor (if his/her case is in investigation proceeding) or the court that issues the detention order (if his/her case is in trial proceeding) to revoke or change the detention center’s decision by way of a disposition or ruling. The defendant may not object to the ruling of the court.Unless otherwise stipulated by law, administrative litigation for public law disputes derived from the detention of defendants shall be filed in accordance with this Act.Where a defendant files a complaint in accordance with this Act and disagrees with the decision rendered, the defendant may file a suit specified in any of the following subparagraphs with the administrative litigation division of the district court at where the detention center is located:1. Where the defendant believes that the detention center’s disposition has exceeded the necessary extent for achieving the purpose of detention and unlawfully infringes upon his/her basic rights protected by the Constitution, and where such infringement is evidently significant, the defendant may file a suit to revoke the disposition.2. Where the defendant believes that the disposition in the preceding subparagraph is illegal and the status quo ante cannot be restored or is extinguished due to the execution of the disposition, but the defendant has a legal interest in obtaining a declaratory judgment from the court, the defendant may file a suit for court declaration of illegal disposition.3. Where the detention center rejects the defendant’s request made in accordance with this Act or fails to render a decision on the request within two months of the request and the defendant believes that his/her rights or legal interests are harmed; or where there is a dispute involving payment of property arising from the detention based on public laws, the defendant may file a payment suit. The same shall apply where the defendant believes that the detention center’s management measure has exceeded the necessary extent for achieving the purpose of detention and unlawfully infringes upon his/her basic rights protected by the Constitution, and where such infringement is evidently significant.The suits filed in accordance with the subparagraphs in the preceding paragraph shall be filed in a written format.