A\/HRC\/WG.6\/2\/KOR\/3<\/p>\n
25 March 2008<\/p>\n
Summary Prepared by the Office of the High Commissioner for Human Rights, in accordance with Paragragh 15 (C) of the annex to Human Rights Council Resolution 5\/1<\/p>\n
Republic of Korea<\/p>\n
I. BACKGROUND AND FRAMEWORK \u00a0<\/strong><\/p>\n B. Constitutional and legislative framework C. Institutional and human rights infrastructure D. Policy measures II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND B. Implementation of international human rights obligations<\/strong>1. Equality and non discrimination 2. Right to life, liberty and security of the person 3. Administration of justice and the rule of law 4. Right to privacy, marriage and family life 5. Freedom of religion or belief, expression, association and peaceful assembly, and 6. Right to work and to just and favourable conditions of work 7. Right to social security and to an adequate standard of living 9. Migrants, refugees and asylum seekers
\n<\/span>A. Scope of international obligations
\n<\/strong>1. In a joint submission, Lawyers for a Democratic Society, People\u2019s Solidarity for
\nParticipatory Democracy, Korean Women\u2019s Association United and Korean Progressive
\nNetwork Jinbonet in association with other non-governmental organizations (MINBYUNPSPD-
\nKWAU-KPNJ and other NGOs) noted that the Government has not defined its position
\non withdrawing its reservations on a number of provisions of the core human rights treaties.
\nMoreover, the State party did not ratify the Optional Protocol to the Convention against
\nTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) as well
\nas the International Convention on the Protection of the Rights of All Migrant Workers and
\nMembers of Their Families (ICRMW).<\/p>\n
\n<\/strong>2. The National Human Rights Commission of Korea (NHRCK) indicated that under the
\nConstitution, the international human rights instruments acceded and ratified by the
\nGovernment have the same legal effect as the domestic legislation. However, according to the
\nNHRCK, international human rights law is still not widely known to the public, and the
\nExecutive, Legislative and Judicial branches do not possess an in-depth understanding of their
\nlegal obligations to implement international human rights law. Recently, the Judicial and the
\nLegislative branches have begun to refer to international human rights law.2 NHRCK
\nrecommended developing national mechanisms for the Legislative and Judicial branches to
\nparticipate in the implementation of international instruments and to find effective ways to
\ndisseminate these instruments.3
\n3. MINBYUN-PSPD-KWAU-KPNJ and other NGOs pointed out that only \u201ccitizens\u201d
\n(rather than \u201cnon-citizens\u201d) are protected by the Constitution. It also differentiates civil rights
\nfrom social rights where the state has wide discretion and denies the indivisibility of these two
\nrights. While the Constitution states that international law shall have \u201cthe same effect as
\ndomestic law\u201d, the binding power of international human rights law has been denied in
\nreality, according to MINBYUN-PSPD-KWAU-KPNJ and other NGOs.4
\n\u00a0<\/strong><\/p>\n
\n<\/strong>4. The NHRCK was established in 2001, after a three year consultation period with a
\nwide range of sectors and actors in Korean society, as indicated by the Asian Legal Resource
\nCentre (ALRC).5 It is accredited with \u2018A status\u2019 vis-\u00e0-vis the International Coordinating
\nCommittee of national human rights institutions.6 MINBYUN-PSPD-KWAU-KPNJ and other
\nNGOs noted that the NHRCK has made recommendations on major policies, laws and
\nordinances and contributed to human rights improvements in detention facilities among
\nothers. However, according to MINBYUN-PSPD-KWAU-KPNJ and other NGOs, the
\nNHRCK has been passive in addressing violations in relation to economic, social and cultural
\nrights. Moreover, the Government has minimized, distorted or disregarded the
\nrecommendations rendered by the Commission, thus hindering overall improvement in human
\nrights situation. 7
\n5. In a joint submission, the Korean Women\u2019s Association United, the Korea Women\u2019s
\nHotline, the Women Migrant Human Rights Centre in Korea, the Korea Sexual Violence
\nRelief Centre, the Differently Abled Women United and other non-governmental
\norganizations (KWAU-KWH-WMHRCK-DAWU and other NGOs) reported that a proposal
\nfor the reorganization of government bodies was submitted to the National Assembly in
\nJanuary 2008. The new administration wants to combine the Ministry of Gender Equality &
\nFamily and the Ministry of Health & Welfare and to reduce the ministry responsible for
\ngender affairs to a toothless committee within another ministry, which is a huge setback for
\nKorean women\u2019s human rights. The Ministry of Gender Equality was first established in 2001
\nand expanded the scope of its responsibility by taking over childcare matters in 2004, and
\nfamily policies in 2005.8
\n\u00a0<\/strong><\/p>\n
\n<\/strong>6. The NHRCK informed that in May 2007, the Government set up the National Action
\nPlan for the Promotion and Protection of Human Rights (NAP). NHRCK noted however that
\nthe NAP failed to address important issues regarding civil and political rights (such as the
\nrecognition of political activities of civil servants and teachers, establishment of an
\nindependent Military Prosecutor\u2019s Office, abolishment of the National Security Act (NSA),
\nrecognition of conscientious objection to military service, abolishment of the death penalty);
\neconomic, social and cultural rights (improvements to industrial accident and unemployment
\ninsurance policies, increase of the minimum legal wages, protection of the rights of patients,
\nprohibition of forced evictions without providing shelter, ratification of ILO Conventions on
\nthe right to assembly); and other issues regarding socially marginalized people and minority
\ngroups.9 MINBYUN-PSPD-KWAU-KPNJ and other NGOs also pointed out that the NAP has
\nnot shown a clear stance on pressing human rights issues such as the National Security Act,
\nthe death penalty and the rights of conscientious objectors to military service. The NAP also
\nneglects the cause of human rights protection for vulnerable people such as sexual minorities. 10
\n7. NHRCK recommended the Government to provide human rights education to law
\nenforcement officials including judges, prosecutors, public officials and social welfare
\nworkers; to include and strengthen human rights education programs at all levels in a
\ncomprehensive way and; to pass laws on human rights education.11<\/p>\n
\n<\/span>A. Cooperation with human rights mechanisms
\n<\/strong>8. MINBYUN-PSPD-KWAU-KPNJ and other NGOs indicated that the Government has
\nneglected its obligation to implement and disseminate the concluding observations of treaty
\nmonitoring bodies and made no sincere efforts to cooperate with civil society.12
\n\u00a0<\/strong><\/p>\n
\n<\/em>9. The NHRCK noted that CEDAW has largely contributed to improvements of
\nwomen\u2019s rights in the Republic of Korea. It influenced the process of revising the family law,
\nwhich led to the most important achievement in the four years, namely the abolishment of the
\nmale-only family head system or hojuje. Still, according to the NHRCK, there remain many
\nproblems: a wide salary gap between men and women, the low ratio of women in high
\nranking positions, violence against women, sexual harassment and stereotypes on gender roles
\nincluding the conception that women should be the primary child caregivers. The NHRCK
\nrecommended to proactively implement policies to change stereotypes of women and
\nintensify the punishment of perpetrators of violence against women.13 MINBYUN-PSPDA\/
\nKWAU-KPNJ and other NGOs noted that despite the abolishment of the \u201cfamily head
\nsystem\u201d, women are still experiencing political, economic, social and cultural discrimination
\nand some of the Government\u2019s gender equality policies have been repealed contributing to a
\nlower awareness of women\u2019s human rights in Korean society. 14
\n10. The International Gay and Lesbian Human Rights Commission (IGLHRC) informed
\nthat South Korea\u2019s policies on Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ)
\nissues have been relatively progressive. The country prohibited employment discrimination
\nbased on sexual orientation in 2001, and permitted people who had undergone gender
\nreassignment surgery to get personal documents reflecting their changed gender identity in
\n2006. But homophobia persists and LGBTQ activists continue to fight discrimination in
\nschools and in the military, as reported by IGLHRC. Many gay websites remain censored.15
\nIGLHRC also informed that in 2007, the Ministry of Justice drafted an anti-discrimination bill.
\nHowever, IGLHRC indicated that the bill, which was at that time pending in the Legislative
\nand Judiciary Committee, excluded seven protected categories, including sexual orientation. 16
\n11. Recently, rights of persons with disabilities have become a major social concern, as
\nhighlighted by the NHRCK. The Government introduced improved policies and enacted
\nlegislation, the Act on Discrimination against Persons with Disabilities in 2007. The NHRCK
\nalso informed that the Government signed the Convention on the Rights of Persons with
\nDisabilities but has not yet ratified it.17 KWAU-KWH-WMHRCK-DAWU and other NGOs
\nindicated however, that policies and programs for persons with disabilities are gender-blind,
\nhighlighting the importance of considering the unique needs of women. 18 MINBYUN-PSPDKWAU-
\nKPNJ and other NGOs also noted that although a bill regarding anti-discrimination
\nagainst persons with disabilities has been enacted, employment and income discrimination
\nregarding persons with disabilities still exists. The law ensuring the right to move for persons
\nwith disabilities does not guarantee the right to access to roads and buildings and public
\ntransportation. Furthermore, persons with disabilities are often institutionalized without their
\nconsent, deprived of their personal relationships and cultural rights, and suffer from poor
\nhousing, food conditions, forced labour and violent abuse within the facilities. According to
\nMINBYUN-PSPD-KWAU-KPNJ and other NGOs, the Act should include the prohibition of
\ndiscrimination based on the forms of employment, and the Government should endeavour to
\ncontinuously monitor private sector as well as public sector to stop discrimination against
\npersons with disabilities. An organization regulating and supervising the welfare facilities
\nshould be created and policies encouraging the self-reliance of persons with disabilities
\nshould be promoted.19
\n<\/em><\/p>\n
\n<\/em>12. AI noted that 30 December 2007 marked the ten year anniversary since the
\nGovernment of the Republic of Korea last carried out any executions and therefore AI
\nconsiders the Republic of Korea \u201dabolitionist in practice\u201d. AI reported that on 31 December
\n2007 the President commuted six death row prison inmates\u2019 sentences to life imprisonment.
\nHowever, 58 prisoners remain on death row and certain crimes still carry the death penalty.
\nIn 2007, two death sentences were passed. AI indicated that the Special Bill to Abolish the
\nDeath Penalty has been before the Legislation and Judiciary Committee of the National
\nAssembly since 2005, and if not voted on before the end of the current parliamentary session,
\nthe Special Bill will lapse in March 2008.20 AI recommended the Government to introduce a
\nformal moratorium as a step toward abolition of capital punishment and expedite passage into
\nlaw of the Special Bill to Abolish the Death Penalty in the National Assembly.21 The NHRCK
\nas well as MINBYUN-PSPD-KWAU-KPNJ and other NGOs also recommended abolishing
\nthe death penalty.22
\n13. MINBYUN-PSPD-KWAU-KPNJ and other NGOs reported that women\u2019s right to
\nhealth and their right to choose have also been violated because of illegal abortion practices.23
\n14. The NHRCK reported that torture against persons in detention by investigative
\nagencies and other national bodies, including prisons, has remarkably decreased over the past
\nfour years. However, it also indicated that human rights violations in particular in unregistered
\nfacilities are reported to be serious; therefore effective supervisory measures are needed. 24
\nNHRCK also noted that human rights in protective facilities for the mentally-ill, the disabled,
\nthe older and children need to be urgently improved.25
\n15. On the issue of domestic violence, KWAU-KWH-WMHRCK-DAWU and other
\nNGOs reported that victims of domestic violence are not fully protected in the Republic of
\nKorea. This is because violence at home is culturally a matter of privacy; legal and
\ninstitutional safeguards for the victims are poor; the awareness is low in the police; the
\naggressor is often allowed to stay at home while the victim is driven away under the existing
\nlegal system; and public services focus on counselling for the victims rather than punishment
\nof the perpetrators, resulting in only 14.9% of prosecution among the arrested for domestic
\nviolence in 2003. KWAU-KWH-WMHRCK-DAWU and other NGOs indicated that relevant
\nauthorities must put more efforts on a campaign to raise awareness that domestic violence is a
\ncrime; on appropriate injunction based on judging the danger the harmer puts on the victim;
\nand on guaranteeing the security of the victim. 26
\n16. The NHRCK reported that there is a growing recognition of the importance of the
\nrights of children, yet corporal punishment against children is still a particularly serious issue.
\n27 MINBYUN-PSPD-KWAU-KPNJ and other NGOs also reported that corporal punishment
\nis still prevalent in schools. 28 The Global Initiative to End All Corporal Punishment of
\nChildren (GIEACPC) pointed out that corporal punishment is lawful at home. Children have
\nlimited protection from violence under the Child Welfare Act, the Penal Code, the Special Act
\non Punishment of Domestic Violence, the Act on Prevention of Domestic Violence and
\nVictim Protection, and the Constitution. 29 Corporal punishment is lawful in schools under
\narticle 18(1) of the Act on Primary and Secondary Education and article 31(7) of the
\nEnforcement Decree of the Act. 30 GIEACPC further indicated that corporal punishment is
\nunlawful as a sentence for crime and as a disciplinary measure in penal institutions. There is
\nno explicit prohibition of corporal punishment in alternative care settings. GIEACPC strongly
\nrecommended introducing legislation as a matter of urgency to prohibit corporal punishment
\nof children in all settings. 31
\n17. According to MINBYUN-PSPD-KWAU-KPNJ and other NGOs, arbitrary detention
\nis prevalent in the military because a considerable number of military personnel have been
\ndetained only by the order of their superiors without due process or judicial procedure, while
\nunconvicted prisoners are incarcerated in \u201csubstitute cells\u201d (detention cells in the military) for
\nsignificant periods of time.32<\/p>\n
\n<\/em>18. MINBYUN-PSPD-KWAU-KPNJ and other NGOs pointed out that with the revision
\nof the Criminal Procedure Act and the enactment of the Habeas Corpus Act, the rights of
\ndetainees have been emphasized. However the Criminal Procedure Act reinforces the powers
\nof the police and the prosecutorial offices and the Habeas Corpus Act is not completely
\neffective due to the fact that it explicitly excludes non-citizens in immigration detention
\nfacilities and fails to provide enough concrete means to ensure habeas corpus protections. 33
\n19. Although the efforts of the Truth and Reconciliation Commission and other
\ninstitutions for transitional justice brought to light some past crimes, the wrongdoers\u2019 refusal
\nto admit such crimes and the lack of punitive measures against them has rendered justice
\nineffective, according to MINBYUN-PSPD-KWAU-KPNJ and other NGOs.34<\/p>\n
\n<\/em>20. The NHRCK noted that with the development of information technology, there is a
\ngrowing risk of privacy invasion, from Closed Circuit Television (CCTV) surveillance and
\neavesdropping, to abuse of personal database and bio-recognition technology.35 Similar
\nconcerns were also raised by MINBYUN-PSPD-KWAU-KPNJ and other NGOs. 36 NHRCK
\nrecommended that efforts be made to protect the rights to privacy from excessive collection
\nand misuse of personal data. 37
\n21. KWAU-KWH-WMHRCK-DAWU and other NGOs raised the problems of
\ndiscrimination against untraditional families, indicating that the Health Family Act seems to
\nemphasize \u201cFamily\u201d in its English title, but the Korean equivalent connotes \u201cHealthy Home\u201d,
\ndividing \u201chealthy homes\u201d and \u201cunhealthy homes\u201d. The act suggests that a traditional family
\nwith a couple of man and woman and their children is healthy while other family types are
\nnot. In particular, Article 3 stipulates that a family can be formed only by marriage, blood
\nrelationship and adoption. KWAU-KWH-WMHRCK-DAWU and other NGOs indicated that
\nthe law must be revised, because it excludes cohabitation, foster family, unwed parenthood or
\nother non-traditional families.38
\n22. KWAU-KWH-WMHRCK-DAWU and other NGOs indicated that civil law needs to
\nbe amended to guarantee women\u2019s equal property rights during marriage and at its
\ndissolution. Among Korean couples, 76.2% register their homes in the husband\u2019s name, and
\nwhen couples file a divorce, only 20 to 40% of the wives receive some assets.39<\/p>\n
\nright to participate in public and political life
\n<\/em>23. The NHRCK noted that alternative military service programs for conscientious
\nobjectors started to be considered. 40 On the same issue, MINBYUN-PSPD-KWAU-KPNJ
\nraised concerns that conscientious objectors are still being sent to jail due to the fact that
\nconscientious objection is considered a felony. Conscientious objectors to army reserve
\ntraining are repeatedly punished and forced to pay fines.41 The NHRCK recommended that
\nthe Government introduce policies for conscientious objectors in a prompt manner, as
\nrecommended by UN human rights bodies.42
\n24. According to MINBYUN-PSPD-KWAU-KPNJ and other NGOs, although the
\nConstitution expressly forbids a license system for assembly, the Government is operating a
\nde facto license system through issuing prior disapprovals under the related law which
\nobligates people to report assemblies and demonstrations beforehand. By surrounding areas
\ndesignated for assemblies and demonstrations with police squad buses, the police prevent people in general from approaching the areas and stifle any sort of communication, effectively
\nnullifying the right to assembly and demonstration.43 On the same issue, the NHRCK reports
\nthat assemblies related to political issues were banned in advance for fear of traffic disruption
\nand probable violence.44
\n25. AI indicated that the National Security Act (NSA), in force since 1948, has been used
\nthroughout the years to imprison people for engaging in peaceful political activities and for
\npublishing and distributing material deemed to \u201cbenefit\u201d the enemy. The law provides long
\nsentences or even the death penalty for \u201canti-state\u201d and \u201cespionage\u201d activities, but these terms
\nare not clearly defined.45 In this regard, AI highlighted the concluding observations of the
\nHuman Rights Committee, on the third periodic report by the Republic of Korea, in which the
\nCommittee noted that the restrictions placed on freedom of expression do not meet the
\nrequirements of the Covenant and urged the State party, as a matter of urgency, to ensure
\ncompatibility with requirements under the Covenant. AI also noted that similar earlier
\nrecommendations by the Committee to amend the NSA in order to bring it into line with
\ninternational standards regarding clarity of criminal law have not been followed up.46 AI
\nrecommended the Government to take concrete steps to abolish the NSA, or otherwise amend
\nit to bring it into line with international standards regarding clarity of criminal law, and
\nfreedom of expression and association.47 The NHRCK also reported that the NSA has not
\nbeen abolished. 48
\n26. MINBYUN-PSPD-KWAU-KPNJ and other NGOs also informed that the NSA
\narbitrarily makes it a criminal act to simply possess books or express views and is in reality
\nexpanding in scope because of new legislations which strengthen surveillance and control of
\ncommunication, etc. Furthermore, the internet, which is the most important and widely used
\nopen forum for exchanging diverse views and shaping public opinion, has been regulated by
\nlaw to prohibit the free expression of political views during the national elections.49
\n27. KWAU-KWH-WMHRCK-DAWU and other NGOs noted the low level of women\u2019s
\nparticipation in political activities, recalling that the national assembly had had fewer than 10
\nwomen lawmakers until the 17th election, which produced seats for 43 women.50<\/p>\n
\n<\/em>28. MINBYUN-PSPD-KWAU-KPNJ and other NGOs noted that \u201cirregular workers\u201d face
\nsteep challenges in Korean society; they lack a social safety net and suffer from a disparity
\nbetween irregular workers and regular workers regarding income and labor conditions.
\nIrregular workers make up nearly 50 percentof the Korean workers, contributing to the
\ndeepening of social polarization.51 The NHRCK also reported that irregular workers are
\nseriously suffering from discrimination in employment. The NHRCK informed that after the
\nAct on Protection for Non-regular Workers became effective in July 2007, some employers
\nstarted to fire irregular workers or to deny renewal of their contracts to avoid the possibility of
\nregularizing them.52
\n29. KWAU-KWH-WMHRCK-DAWU and other NGOs informed that although more
\nwomen want to work, only 54.7 percent of women aged between 15 and 64 actually found a
\njob in 2006. According to a survey of Korea National Statistical Office in August 2006,
\namong those working women, 67.6 percent have non-regular jobs and suffer from low-paying
\ninsecure employment.53 MINBYUN-PSPD-KWAU-KPNJ and other NGOs raised similar
\nconcerns, recommending that relevant laws to protect women\u2019s labour rights and prohibit
\ndiscrimination should be enacted or revised.54 KWAU-KWH-WMHRCK-DAWU and other
\nNGOs recommended that care workers and other unofficial workers be legally recognized as
\nworkers.55
\n30. As reported by MINBYUN-PSPD-KWAU-KPNJ and other NGOs, because of their
\npart-time employee status, juveniles also suffer from poor labour conditions where they are
\nwithheld pay or underpaid but work for long hours. However, they also lack legislative
\nprotection from this situation.56
\n31. The International Trade Unions Confederation (ITUC) informed that the law on the
\nEstablishment and Operation of Public Officials Trade Unions went into effect on 28 January
\n2006. Civil servants are allowed to legally organise within administrative units predefined by
\nthe law. However, there are a numerous categories of public officials who are still denied
\nunion rights, including managers, human resources personnel, personnel dealing with trade
\nunions or industrial relations, and special public servants such as military, police, fire-fighters,
\npolitically-appointed officials, and high level public officials. Civil servants have the right to
\ncollective bargaining, but the subjects of negotiation are limited to matters concerning trade
\nunions, members\u2019 pay and welfare and other working conditions. Hence, trade unions cannot
\naddress other economic and social issues. ITUC reported that restrictions on collective action
\nprompted in 2006, strong opposition to the law by the Government Employees Union
\n(KGEU) affiliated to the Korean Confederation of Trade Unions (KTCU), and also
\nGovernment action against the KGEU that included the closure of over a hundred local union
\noffices.57 MINBYUN-PSPD-KWAU-KPNJ and other NGOs also raised concerns regarding
\nthe rights of workers to collective action and strike. 58
\n32. ITUC also informed that in November 2006, the government passed through the
\nParliament a series of revised labour laws that will make it easier to hire replacement workers
\nduring strikes, and employ workers on temporary contracts. According to ITUC, in 2006,
\nemployers continued to fire trade unionists with impunity, and frequently filed criminal
\ncharges (and demands for huge amounts of compensation) for alleged \u2018obstruction of
\nbusiness\u2019 resulting from regular union activities. ITUC indicated that police violence against
\nstrikers continued in 2006, resulting in serious injuries for some and the death of one steel
\nworker. 59<\/p>\n
\n<\/em>33. According to the NHRCK, the understanding that the Government should guarantee
\nand fulfil individuals\u2019 economic, social and cultural rights needs to be strengthened. For the
\npast four years, governmental policies to guarantee social rights have improved. However,
\nconsidering a wider gap between the rich and the poor, increasing job insecurity, and
\nunemployment, individuals\u2019 social rights need to be more protected, as noted by the
\nNHRCK.60 Combined with the lack of a social safety net and the weakness of the current
\nsocial welfare system, economic divide and expansion of the poor are becoming more serious,
\ncontributing to the tendency of poverty passing on from generation to generation, as
\nhighlighted by the NHRCK.61 KWAU-KWH-WMHRCK-DAWU and other NGOs also
\nraised concerns about the situation of families with single mothers who live below the poverty
\nline. 62 Similar concerns were also raised by the MINBYUN-PSPD-KWAU-KPNJ and other
\nNGOs recommending to readjust the criteria for selecting eligible recipients of the Basic
\nLivelihood Security and the Minimum Cost of Living and; to establish a universal basic
\npension system to cover those excluded from the present National Pension Scheme. 63
\n34. The NHRCK noted that the public health insurance program is being provided to all
\nindividuals, and that the range of coverage is improving. However, the portion that
\nindividuals pay needs to be reduced and insurance coverage requires to be further widened,
\npartly because economic burdens on patients with incurable diseases and long-term care needs
\nare ever increasing.64The NHRCK recommended the Government to provide measures to
\nguarantee the right to health by strengthening the social welfare system, guaranteeing rights to
\nshelter, and expanding medical assistance for the poor so that all individuals in the country
\ncan enjoy adequate standards of living.65
\n35. MINBYUN-PSPD-KWAU-KPNJ and other NGOs reported that forced evictions
\nwithout prior warning are still prevalent, even during winter months or in the middle of the
\nnight. There is a lack of an effective housing policy covering unregistered dwellings and
\ntenants. 2,550,000 houses including \u201cvinyl houses\u201d, \u201csingle rooms in lodgings\u201d and
\n\u201cbasement rooms\u201d are below the housing minimum standard, as specified by the Korean laws
\nand ordinances. Furthermore, hundreds of farmers in Pyongtaek have lost their homestead
\nbecause of the recent move by a foreign army base to that area.66 MINBYUN-PSPD-KWAUKPNJ
\nand other NGOs indicated that the provisions facilitating forced evictions without prior
\nwarning must be eliminated. Where there are either public projects or private construction
\nprojects, the Government should make it mandatory to build rental houses or temporary
\nlodgings for those subject to forced evictions. They further recommended that affordable
\nhousing be supplied and realistic criteria for eligible residents for public rental housing be
\nadopted.67
\n8. Right to education
\n<\/em>36. MINBYUN-PSPD-KWAU-KPNJ and other NGOs indicated that compulsory primary
\nschool education, although free in principle, is placing a significant financial burden on
\nfamilies.68 As noted by NHRCK, middle school education is also compulsory, but parents still
\nneed to pay for some portion of the education. Furthermore, according to MINBYUN-PSPDKWAU-
\nKPNJ and other NGOs, the continued emphasis on college entrance examinationcentred
\npolicy is increasing the financial burden on families and is also causing a disparity in
\nthe quality of education amongst Koreans belonging to different income tax brackets. 69
\nNCHRK recommended that measures be taken to guarantee the right to education for students
\nfrom low-income families.70 MINBYUN-PSPD-KWAU-KPNJ and other NGOs indicated that
\nthe Government should adopt concrete measures to implement the recommendations of the
\nUnited Nations Committee on Economic, Social and Cultural Rights which mention the
\nalleviation of the financial education burden on the lower income tax bracket families by the
\nnormalization of public educational systems, reforms for the excessive college entrance
\nexamination competition, and the promotion of equal accessibility regarding higher
\neducation.71
\n37. MINBYUN-PSPD-KWAU-KPNJ and other NGOs informed that it is still very
\ndifficult for persons with disabilities to receive a proper education. In order to realistically
\npromote education amongst persons with disabilities, the Bill for the Special Education of
\nPersons with Disabilities, which advocates the establishment of schools and classes with
\nspecialized teachers, as well as free compulsory pre-school education for infants with
\ndisabilities, should be supported with an adequate budget and personnel. MINBYUN-PSPDKWAU-
\nKPNJ and other NGOs also recommended expanding compulsory education for
\nwomen with disabilities.72 Similar recommendations were made by KWAU-KWHWMHRCK-
\nDAWU and other NGOs.73<\/p>\n
\n<\/em>38. The NHRCK stated that with the increase of migrants, the Government has developed
\nnew policies and revised legislations in this area. However, according to the NHRCK,
\ndiscriminations that migrants are facing in their daily lives are serious. 74 AI indicated that as
\nfar as they are aware, the Republic of Korea became the first labour-importing country in Asia
\nto seek to protect the rights of migrant workers when it introduced the Act concerning the
\nEmployment Permit System for migrant workers (EPS Act) in August 2003. As of 2007, the
\nnumber of migrant workers was estimated at 502,082, of which at least 210,000 are irregular
\nmigrant workers. 75 ITUC raised similar concerns and pointed out that migrant workers are
\ngranted only a three years work permit, and are strictly forbidden from changing their
\nemployer. 76 NHRCK recommended to enhance social awareness and, to revise legislation
\nand policies for better protection of the basic rights of migrants. 77
\n39. KWAU-KWH-WMHRCK-DAWU and other NGOs highlighted that women
\nconstitute roughly one-third of all migrant workers and are particularly vulnerable to
\nexploitation, sexual harassment and violence. Lack of mandatory health insurance also affects
\nwomen migrant workers. Many women migrant workers who have experienced sexual
\nviolence claim that they were threatened by their employer with forcible return to their home
\ncountry if they reported the incident 78 MINBYUN-PSPD-KWAU-KPNJ and other NGOs
\nmade similar observations noting also that many migrant women who enter the country
\nthrough E-6 visas are exposed to prostitution and \u201csweatshop\u201d labour or forced into the sex
\nindustry. 79 KWAU-KWH-WMHRCK-DAWU and other NGOs recommended amending
\napplicable laws to guarantee foreign women access to legal procedures regardless of legality
\nof their entry into Korea.80 MINBYUN-PSPD-KWAU-KPNJ and other NGOs recommended
\nenacting relevant laws and regulations to ensure the human rights of immigrant foreign
\nspouses, etc., and enact a Trafficking Prevention Act to address both inbound and outbound
\nhuman trafficking.81 AI also recommended to take measures to protect women migrant
\nworkers and ensure that they are not subjected to discriminatory practices and other abuses;
\nand to ensure that conditions at detention facilities are consistent with international law and
\nstandards. 82
\n40. KWAU-KWH-WMHRCK-DAWU and other NGOs also highlighted the situation of
\naround 120,000 women from third countries married to Korean men, who suffer from racial,
\nclass and gender discrimination. In addition, 50,000 children of foreign wives and women
\nworkers are deprived of schooling. 83
\n41. In addition, AI reported that since November 2003, the Government has implemented
\na series of crack-downs leading to the arrest, detention and deportation of irregular migrant
\nworkers. In this regard, AI also indicated that it has received persistent reports of poor
\nconditions in detention facilities for migrant workers and reports of abuse, and cruel, inhuman
\nor degrading treatment or punishment by security personnel against irregular migrant workers
\nheld in detention while they await deportation. According to AI, poor conditions in detention
\nfacilities became tragically evident in a fire at the Yeosu Detention Centre on 12 February
\n2007, which left 10 persons dead and 17 injured. When the fire broke out the fire alarm
\nsystem failed, the sprinkler system did not work, there were fewer guards on duty than
\nrequired in law, and the guard closest to respond to the fire did not possess a key to open the
\ncells of the detainees. The relatives of those killed in the fire were given compensation. The
\nother detainees were deported back to their countries of origin, many without compensation or
\nrecourse to unpaid wages. 84 Similar concerns were also raised by MINBYUN-PSPD-KWAUKPNJ
\nand other NGOs. 85
\n42. ITUC reported that the Government continued to refuse to register the Migrant Trade
\nUnion (MTU). When the MTU filed a legal appeal against the Government\u2019s refusal, the
\nSeoul High Court ruled in February 2007, that migrant workers have the right to organise
\nunions, no matter their legal status in the country. 86 AI indicated that the Ministry of Labour
\nhas reportedly appealed against this decision to the Supreme Court. 87 AI also reported that on
\n27 November 2007, three senior officials of the MTU were arrested and taken to a detention
\ncentre for being \u201cin an irregular or undocumented situation\u201d, and in the morning of 13
\nDecember, they were deported in secret and without due process. 88 AI recommended to
\nprotect the human rights of migrant workers, including by respecting their rights to form trade
\nunions, to be free from cruel, inhuman or degrading treatment or punishment, ensuring that
\nthey are not subject to arbitrary detention and expulsion without due process, and abuses of
\ntheir economic, social and cultural rights. 89
\n43. MINBYUN-PSPD-KWAU-KPNJ and other NGOs reported that asylum seekers are
\ndeprived of any legal means to maintain their living, while the process for refugee status
\ndetermination fails to provide fairness and transparency due to the lack of an independent
\nscreening body and adequate translators. Even recognized refugees still face obstacles in fully
\nexercising their rights to be protected under the Convention and Protocol relating to the Status
\nof Refugees, except for the rights to stay and to be employed.90 NHRCK indicated that
\nrefugee recognition procedures should be improved in line with international refugee law.91<\/p>\n