Committee on the Elimination of Racial Discrimination

Combined seventeenth to nineteenth periodic reports submitted by the Republic of Korea under article 9 of the Convention, due in 2016 *

[Date received: 17 October 2017]

Part 1: Introduction

1.In accordance with the provisions of Article 9, Paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter referred to as “the Convention”), the Republic of Korea submits its seventeenth, eighteenth and nineteenth combined periodic report. The information contained in the present report is set out in accordance with the general guidelines concerning the form and contents of the reports submitted by States revised in January 2007 (CERD/C/2007/1).

2.The present report deals mainly with the legislative, judicial, administrative and other measures taken by the Government of the Republic of Korea in the practical implementation of the provisions of the Convention and the progress achieved during the period from 2011 to 2016.

3.This report also contains status updates on the points raised by the Committee on the Elimination of Racial Discrimination (hereinafter referred to as “the Committee”) in its concluding observations (CERD/C/KOR/CO/15-16) with respect to the country’s fifteenth and sixteenth combined periodic report (CERD/C/KOR/15-16).

4.On8April 2016,inpreparationofthisreport,theRepublicofKoreahadaconsultationwithcivicorganizationsworkingtocombatracialdiscrimination.Moreover,inaccordancewithArticle21oftheNational Human Rights Commission Act,thegovernmentrequestedtheopinionoftheNational Human Rights Commission of Korea(NHRCK)ontheinitialdraftandreceivediton23August2016.Inthisreport,thegovernmentreflectedtheopinionsofnon-governmentalorganizations(NGOs)andtheNHRCKasappropriate.

Part 2: GeneralInformation

A.Naturalization

5.A total of 54,138 persons were naturalized between 2012 and 2016. The total number of naturalized citizens during ten years from 2007 to 2016 amounts to 131,496.Chinese immigrants take up the majority of naturalized Korean citizens, followed by those from Vietnam and Cambodia. In 2016, 10,108 persons were naturalized. Among them, 5,126 were Chinese (50.7%), 3,289 were Vietnamese (32.5%), 476 were Cambodians (4.7%), 337wereFilipinos(3.3%),107 were Mongolians (1.0%).

Table 1

Number of N aturalized C itizens by Y ear

(Unit: Person)

Year	2012	201 3	201 4	201 5	201 6	Total
Naturalized citizens	10 535	1 1 264	11 310	1 0 921	10 108	54 138

B.Stateless Persons

6.A total of 166 stateless persons were identified to be residing in the Republic of Korea as of the end of 2016. Among them, 106 were registered aliens who entered on long-term visa valid for more than 91 days, while 60 were not registered aliens who entered on short-term visa valid for 90 days or less.

7.Stateless persons residing in the Republic of Korea can be classified into four categories: i) those who were stateless and issued travel document from the country of residence prior to entry into the Republic of Korea, ii) those who are stateless temporarily as they renounce their original nationality after they lose their newly obtained Korean nationality; The loss of Korean nationality is the result of their earlier failure to renounce the original nationality upon acquiring Korean nationality, iii) those who are in the process of reinstatement of original nationality after their Korean nationality is cancelled due to conviction for fake marriage or forgery/alteration of passport, iv) ethnic Chinese who defected from the Democratic People’s Republic of Korea and Vietnamese refugees. Generally they can obtain Koreannationality, ascanforeignersofothercountriesresidingintheRepublicofKorea,should they meet the requirements set forth under the Nationality Act.

C.Foreign Residents

8.The number of foreigners residing in the Republic of Korea has been steadily increasing. The ratio of foreign residents to the total number of registered nationalcitizens has also been increasing every year. As of the end of 2016, the proportion of foreign residents to the total number of registered nationalcitizens is 3.96percent.

Table 2

Registered C itizens and F oreign R esidents in the Republic of Korea by Y ear

(Unit: Person)

Year	2011	2012	2013	2014	2015	2016
Foreign residents	1 395 077	1 445 103	1 576 034	1 797 618	1 899 519	2 047 441
R egistered National citizens	50 734 284	50 948 272	51 141 463	51 327 916	51 529 338	51 696 216
Percentage	2.75%	2.84%	3.08%	3.50%	3.69%	3.96%

9.A total of 2,049,441 foreigners are residing in the Republic of Korea as of the end of 2016, of which 1,016,607 are Chinese (49.6%), 149,384 are Vietnamese (7.3%), 140,222 are American (6.8%), 100,860 are Thai (4.9%), 56,980 are Filipinos (2.8%), and 51,297 are Japanese (2.5%). Among 20,49,441 foreigners residing in the Republic of Korea, 775,715 persons (37.8%) are ethnic Koreans with nationalities from other countries, 84.1 percent or 652,028, of which have Chinese citizenship.

10.The number of undocumented immigrants has steadily declined through 2011, but reversed to an upswing in 2012. However, the proportion of undocumented immigrants in the total population of foreigners residing in the Republic of Korea decreased from 12.3% in 2012 to 10.2% in 2016, as the total number of foreigners residing in the Republic of Korea sharply increased during the same period.

Table 3

Share of Legal R esidents and Undocumented immigrants among the T otal N umber of F oreigners R esiding in the Republic of Korea by Y ear

(Unit: Person)

Year	2009	2010	2011	2012	2013	2014	2015	2016
Foreigners residing in the Republic of Korea	1 168 477	1 261 415	1 395 077	1 445 103	1 576 034	1 797 618	1 899 519	2 047 441
Legal residents	990 522	1 092 900	1 227 297	1 267 249	1 392 928	1 588 840	1 685 351	1 838 470
Undocumented Immigrants	177 955	168 515	167 780	177 854	183 106	208 778	214 168	208 971
Proportion of undocumented immigrants	15.2%	13.4%	12.0%	12.3%	11.6%	11.6%	11.3%	10.2%

11.The total number of foreigners who married a Korean citizen (marriage migrants) is consistently increasing every year. However, this increase is slowing downas the number of applications for marriage visa has decreased. As a result, the proportion of marriage migrants in the total foreignpopulation residing in the Republic of Korea decreased to 7.4% by the end of 2016. As of the end of 2016, 152,374 marriage migrants reside in the country, with an absolute majority of them being female: 23,856 (15.7%) are male and 128,518 (84.3%) are female. By nationality, there are 56,930 Chinese (37.4%), 41,803 Vietnamese (27.4%), 13,110 Japanese (8.6%), 11,606 Filipinos (7.6%), 4,473 Cambodians (2.9%), 3,182 Thais (2.1%), and 2,381 Mongolians (1.6%).

Table 4

Share of M arriage M igrants a mong the T otal N umber of F oreigners R esiding in the Republic of Korea by Y ear

(Unit: Person)

Year	2011	2012	2013	2014	2015	2016
Foreigners residing in the Republic of Korea	1 395 077	1 445 103	1 576 034	1 797 618	1 899 519	2 049 441
Marriage migrants	144 681	148 498	150 865	150 994	151 608	152 374
Proportion of marriage migrants	10.4%	10.3%	9.6%	8.4%	8%	7.4%

D.Refugees

12.Since the Republic of Korea’s ratification of the Convention Relating to the Status of Refugees in 1992, a total of 22,792 persons have applied for refugee status by the end of 2016; 672 of them were recognized as refugees, and 1,156 applicants were granted residence permits on humanitarian grounds (humanitarian status holders). In2016,5,394 applications were reviewed. Since the establishment of the Nationality and Refugee Division in 2006 in the Ministry of Justice and the separation into the Refugee Division in 2013, the number of recognized refugees and those granted residence permits on the grounds of family reunificationhas increased. In particular, the number of those granted residence permits on humanitarian grounds increased sharply in 2014. The yearly statistics from 2011 to 2016 are as follows:

Table 5

Yearly S tatistics on R efugees and H umanitarian S tatus H olders

(Unit: Person)

	2011	2012	2013	2014	2015	2016
M	F	M	F	M	F	M	F	M	F	M	F
Recognized refugees	42	60	57	94	105	98
27	15	39	21	35	22	62	32	54	51	48	50
Humanitarian status holders	20	31	6	539	194	246
15	5	16	15	4	2	483	56	50	144	115	131

13.Statistics on recognized refugees and applicants granted residence permits on humanitarian grounds as of the end of 2016, categorized by gender, age and nationality, are as follows:

Table 6

Refugees and H umanitarian S tatus H olders by G ender

(Unit: Person)

	Total	Male	Female
Recognized refugees	672	417	255
Humanitarian status holders	1 156	851	305

Table 7

Refugees and H umanitarian S tatus H olders by A ge

(Unit: Person)

	Total	0-4 yrs	5-17 yrs	18-59 yrs	60 and over
Recognized refugees	672	60	109	492	1 1
Humanitarian status holders	1 156	98	140	900	1 8

Table 8

Refugees by N ationality

(Unit: Person)

Total	Myanmar	Bangladesh	Ethiopia	Pakistan	D.R. Congo	Iran	Others
672	226	96	88	47	32	30	153

Table 9

Humanitarian S tatus H olders by N ationality

(Unit: Person)

Total	Syria	Myanmar	China	Pakistan	Côte dˊIvoire	Iraq	Others
1 156	874	33	31	2 7	2 4	23	144

Part 3: Information on Articles (Articles 1-7 of the Convention)

Article 1: Definition of Racial Discrimination

A.Definition of Racial Discrimination

14.Upon consideration of the fifteenth to sixteenth periodic report, the Committee on the Elimination of Racial Discrimination, while noting that the RepublicofKoreaaffirms that Article 11 Paragraph 1 of its Constitution, as well as a series of individual laws, are sufficient to ensure equality among citizens and prohibit racial discrimination, urged the country to include in its legislation a definition of racial discrimination which encompasses all prohibited grounds of discrimination in line with Article 1 of the Convention and which guarantees equal rights to citizens and non-citizens (para. 6 CERD/C/KOR/CO/15-16).

15.With regard to the definition of racial discrimination, it is as explained in Paragraphs 17 through 23 of the previous report (CERD/C/KOR/15-16). Article 11 Paragraph 1 of the Constitution states that all citizens shall be equal before the law, and that there shall be no discrimination in political, economic, social or cultural life on account of gender, religion or social status. Article 11 Paragraph 1 of the Constitution does not mention “race, color, family, national origin or ethnic origin,” which are listed as discriminatory grounds in Article 1 Paragraph 1 of the Convention. However, the grounds listed in Article 11 Paragraph 1 of the Constitution are exemplary rather than definitive, and discriminatory acts on grounds other than those listed in Article 11 Paragraph 1 of the Constitution are also prohibited.

16.In relation to Article 11 Paragraph 1 of the Constitution, the Constitutional Court has ruled that the content in Article 2 Paragraph 2 of the International Covenant on Economic, Social and Cultural Rights, which prohibits discrimination based on “race, color, ethnic or social origin, birth or other status,” should be considered in the interpretation of the Constitution (Constitutional Court 2007. 8. 30. Case No. 2004Hun-Ma670).

17.While the Korean domestic laws do not contain a definition of racial discrimination, many individual laws prohibit discriminatory acts based on the prohibited grounds provided in Article 1 Paragraph 1 of the Constitution. Article 4Paragraph 1 of the Framework Act on Education, Article 9 of the Trade Union and Labor Relations Adjustment Act, Article 5 Paragraph 1 of the Act on Promotion of News Communications, Article 6 Paragraph 2 of the Broadcasting Act, Article 3 Paragraph 1 of the Child Welfare Act, and Article 3 Paragraph 1 of the Juvenile Welfare Support Act prohibit discriminatory acts on the basis of race; Article 3 Paragraph 3 of the Military Service Act prohibits discriminatory acts on the basis of race and color; and Article 5 of the Administration and Treatment of Correctional Institution Inmates Act prohibits discriminatory acts on the basis of national and ethnic origin. Furthermore, Article 6 of the Labor Standard Act prohibits discriminatory acts based on nationality and Article 22 of the Act on the Employment of Foreign Workers prohibits discrimination against migrant workers.

18.Article 2 Subparagraph 3 of the National Human Rights Commission Act provides a definition of the term ‘discriminatory act of violating the right to equality,’ and that definition considerably reflects the definition of racial discrimination provided in Article 1 of the Convention. According to Article 2, any act of favorably treating, excluding, differentiating or unfavorably treating a particular person in employment, in the supply or use of goods, services, transportation, commercial facilities, land, and residential facilities and in the provision of education and training at or usage of educational facilities or vocational training institutions on the grounds of ‘national origin, ethnic origin, race, skin color, etc.’ without reasonable cause falls under the definition of ‘a discriminatory act of violating the right to equality’. However, if a particular person receives favorable treatment for the purpose of remedying existing discrimination, then such favorable treatment shall not be deemed a discriminatory act.

19.When receiving a petition regarding discriminatory acts by individuals or State bodies, the National Human Rights Commission has the authority to recommend the party concerned or the head of the organ or organization to which the party concerned belongs the relief measures such as suspending discriminatory acts, restitution, compensation for damages, and preventive measures for recurrence. The National Human Rights Commission also has the authority to conduct an investigation on its own initiative if there is a reasonabledoubtof human rights violations or discriminatory acts (Article 30, Article 44Paragraph 1, Article 42Paragraph 4 of National Human Rights Commission Act).

20.Article 11Paragraph 1 of the Constitution does not contain specific provisions regarding indirect discrimination. While there have been no decisions of the Constitutional Court in which the term “indirect discrimination” was mentioned, the Constitutional Court recognized the principle of indirect discrimination while making a decision with regard to the violation of Article 11Paragraph 1 of the Constitution. With regard to the Constitutional Complaint against Article 8Paragraph 1 of the Support for Discharged Soldiers Act, the Constitutional Court ruled that the extra point system for veterans in civil service examinations ‘substantially discriminates against female applicants in favor of male applicants since more than 80 percent of males can be veterans while a very small number of women can become veterans and in fact there are virtually no female veterans.’ The Constitutional Court’s reasoning is equally applicable to racial discrimination cases.

Article 2: Government Policies for Elimination of Racial Discrimination

A.Definition of Multicultural Families

21.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended theRepublicofKoreato broaden the definition of multicultural families to include unions between foreigners or inter-ethnic unions in order to fully integrate a large number of the people present in its territory which, at present, cannot benefit from the support provided by the Multicultural Families Support Act (para. 17 CERD/C/KOR/CO/15-16).

22.The Koreangovernment adopted policies for multicultural families back in the early 2000s, targeting immigrants and their Korean spouses in an effort to address issues associated with fast-increasing international marriages. Thus the Multicultural Families Support Act was enacted in March 2008, which initially targeted immigrants and their Korean spouses. Its coveragewas expanded to include acknowledged and naturalized Koreans and their familiesin2011 (Amendment of the Multicultural Families Support Act, April 4, 2011).

23.Inaddition,theFrameworkActonTreatmentofForeignersResidingintheRepublicofKoreaisinplacewhichdealswithforeignersasawholetosupporttheirsocialintegrationandbandiscriminationagainstforeigners.Also, the central and local governments are working together on the Basic Plan for Immigration Policy and Action Plan for Immigration Policy Commission to establish and maintain policy measures concerning treatmentofforeignersresidingintheRepublicofKoreaandpreventionofdiscrimination.

24.Recently, a bill was initiated to revise the Multicultural Families Support Act to broaden the definition of multicultural families. However, therearesomeoppositionto the bill onthegroundsof unfairness and redundancy of the law.ThefundamentalpurposeoftherecommendationbytheCommitteeistominimizethenumberofforeignersexcludedfrompoliciesthatintegrateforeignresidentsintheRepublicofKorea,notjusttoexpandthedefinitionofmulticulturalfamiliesthroughspecificpolicymeasures.TheimmigrationpolicybasedontheFrameworkActonTreatmentofForeignersResidingintheRepublicofKoreaiscurrentlyfunctioningasthegeneralanduniversalpolicymeasurestodealwithallforeigners,anditismoreappropriatetoreinforcespecificpolicymeasuresformulticulturalfamiliesbasedonthecurrentimmigrationpolicy.Tothisend,it is necessary that a reasonable agreement should be made with regard to the bill, by collecting opinions of government ministries, experts and the general public through research, forums and symposiums, and by building a social consensus.

B.Establishment of NAP

25.The Koreangovernment has implemented its second National Action Plan for the Promotion and Protection of Human Rights 2012-2016 (NAP) since its adoption in March 2012. It is as explained in Paragraphs 28 through 32 of the previous report (CERD/C/KOR/15-16).

26.The second NAP, a government-wide blueprint for human rights policies, lays out several implementation tasks with regard to the elimination of racial discrimination. Primary tasks include: (1) tosupport social integration of multicultural families; (2) toprovide secure legal status for female marriage migrants; (3) toprevent domestic or sexual violence against marriage migrants and provide relief to such victims; (4) topromote social integration measures for immigrants; (5) tostrengthen assistance and support for foreign women who are victims of sex trafficking; (6) toprovide basic health services to undocumented foreigners and their children; (7) tocontinue to strengthen human rights protection in the course of crackdowns on and detainment of undocumented foreigners; (8) toensure fairness of the Refugee Status Determination (RSD) procedure; (9) toimprove treatment of applicants for refugee status and (10) toestablish a system to support refugeeswhichconformstointernational standards.

27.The Ministry of Justice, as the lead ministry on the NAP, collects the performance data from all relevant ministries and government agencies to submit to the National Human Rights Policy Council and then makes it public. Since 2013, with the aim of incorporating wider public opinion in the review of the NAP implementation, the Ministry established the Human Rights Policy Advisory Panel (the Civil Inspection Panel), which is the body that reviews the performance data before submitting it to the Council. The panel has 25 members comprised of experts on human rights from academia, legal background, organized religion groups, etc.

C.Basic Plan for Immigration Policy

28.The Koreangovernment formulated andimplementedtheFirstBasicPlanforImmigrationPolicy(2008-2012)onthefoundationoftheFrameworkActonTreatmentofForeignersResidingintheRepublicofKorea,whichappliestoallforeignersinKorea.TheSecond Basic Plan for Immigration Policy (2013-2017)wasestablishedin 2012 and is yet underway. Under the Second Basic Plan, while the Koreangovernment emphasizes immigrants’ responsibilities and contributions, it also works to improve legal framework to protect human rights and prevent discrimination against immigrants, as well as to enhance public awareness of cultural diversity. The Second Basic Plan also clarifies legal status of foreigners by individual status of sojourn. The Plan alsoincludes development of broadcasts and educational programs and establishment of a platform for cross-cultural interactionstopreventpossibleconflictsbetweenKoreancitizensandimmigrantsarisingfromthegrowingpopulationofimmigrantsandtoreducenegativestereotypesagainstimmigrants.

29.Under the Plan, the Koreangovernment is working to prevent humanrightsviolationsagainstimmigrantsandimprovemeasurestohelpthevictims. As part of this effort, the Koreangovernment has expanded the eligibility for residence permit for foreign victims of human rights violations. In order to protect human rights of immigrant women, the Koreangovernment offers legal counselling and operates shelters for female immigrant victims of domestic violence. In addition, the Koreangovernment intends to formulate and implement policy that will guarantee the right to compulsory education for children fromanimmigrantfamily.

30.In order to prevent occupational accidents and protect human rights of migrant workers, the Koreangovernment has formulated and distributed education materials onoccupational safety and health translated in various languages. Furthermore, the Korea Support Center for Migrant Workers, which originally provided counsellingservicesin 10 languages, is working to provide them in 15 different languages, therebyenhancingtheefficiencyofcounselling. TheKorean government has been assisting the dissolution of conflicts between migrant workers and their employers, and supporting employment activities of foreigners by operating the Council for Protection of the Rights and Interests of Migrant Workers, through which theKoreangovernment will continue its efforts on promoting institutional improvement.

D.Policy Assessment Tool

31.The Koreangovernment hasbeenmonitoringandassessing the outcomes of annual action plans carried out under the Second Basic Plan for Immigration Policy. TheKorean government measures the overall performance using different key indicators for each policy. Among the indicators that measureoverallandgovernment-wide performance with respect to human rights are “volumeof immigrant counsellingservice,” “client satisfaction with the immigrant counselling service” and “satisfaction with educational program on cultural diversity.” TheKorean government analyzes the policy outcomes in the protection of immigrants’ human rights and promotion of cultural diversity, and reflects the result inits future policydesignandimplementationprocess.

Article 4: Active Countermeasures for Elimination of Acts Based on Racial Superiority or Hatred

A.Consideration of Enactment of the Discrimination Prohibition Act

32.Upon consideration of the fifteenth to sixteenth periodic report, the Committee urged the RepublicofKorea to take immediate action on the finalization and adoption of the Discrimination Prohibition Act or other comprehensive legislation to prohibit racial discrimination in line with Article 4 of the Convention (para. 7 CERD/C/KOR/CO/15-16).

33.Since the draft bill of the Discrimination Prohibition Act submitted in December 2007 to the National Assembly was discarded when the National Assembly session ended in May 2008, the Koreangovernment has yet to submit further bills for this Act. The enactment of the Discrimination Prohibition Act is one of the implementation tasks set forth in the second NAP thatiscurrently underway. TheMinistry of Justice established the Enactment Council for Discrimination Prohibition Act in 2013 to continue an in-depth consideration of the major issues at hand. The 12 members of the Council include the Director General of the Ministry’s Human Rights Bureau (acting as the council chairman), independent experts and competent officials from relevant ministries. The Ministry is also engaging in discussions on discrimination by gathering opinions from civil organizations and other relevant parties. It is carefully considering the enactment of the Discrimination Prohibition Act, taking into account the coordination with existing individual domestic laws thatprohibitdiscrimination.

B.Punishment of Racially Motivated Acts of Crime

34.Upon consideration of the fifteenth to sixteenth periodic report, the Committee reiterated the mandatory character of the provisions of Article 2 and Article 4 and urged the RepublicofKorea to amend its Criminal Act to include racial discrimination as a crime and to adopt comprehensive legislation which criminalizes racial discrimination, provides for adequate punishments proportional to the gravity of the offence, considers racial discrimination as an aggravating circumstance and provides for reparations to the victims (para. 8 CERD/C/KOR/CO/15-16).

35.As of now, the Republic of Korea has no comprehensive legislation explicitly prescribing punishment for offenses based on racial discrimination. However, such offenses are criminally punished otherwise through existing individual laws, as described in Paragraphs 50 through 51 of the previous report (CERD/C/KOR/15-16). Recently, there is a growing concern that hate crimes against aliens can expand with the increase in the number of migrant workers. However, these xenophobic hate crimes can also be punished through the above-mentioned existing individual laws.

C.Statistics on Complaints, Prosecution and Judgment with regard to Crimes of Racial Discrimination

36.Upon consideration of the fifteenth to sixteenth periodic report, the Committee requested the RepublicofKorea to undertake an in-depth analysis on the low number of complaints and to provide, in its next report, data and statistics on the number of cases of racial discrimination reported to the relevant authorities, the nationality of the complainants and their legal status, the percentage of investigations and prosecutions of those complaints and outcomes (para. 9 CERD/C/KOR/CO/15-16).

37.Currently, crime statistics in the Republic of Korea are categorized by the crime charged. Not all crimes wherea victim is a foreigner can be deemed motivated by racial discrimination. As of now, there are no separate statistics on racially motivated crimes.

Article 5: Equality and Prohibition of Discrimination in Exercising Rights

A.Refugee

38.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKorea to ensure unhindered and equal access to official procedures for lodging asylum applications at ports of entry, thereby upholding the principle of non-refoulement (para. 13 CERD/C/KOR/CO/15-16).

39.According to the Refugee Act adopted on 1 July 2013, ‘Refugee Recognition Application and Procedures at a Port of Entry’ was introduced to allow an alien to apply fora refugee status at the time of immigration inspection. If the alien wishes to apply for arefugee status during the entry inspection, they shall submit a written Application for Recognition of Refugee Status to the respective Office Chief or Branch Chief with jurisdiction over the port of entry. The Office Chief or the Branch Chief may require them to stay at a designated location within the port of entry and decide whether to refer the application to the refugee status determination procedure for a period not exceeding seven days. However, if the decision is not made within this period, the applicant’s entry into the country shall be permitted. Once the referral is granted, a status as a refugee applicant and entry permit shall be given. With the implementation of the Refugee Act, refugee status applications at ports of entry as well as refugee status applications from aliens residing in the country can be submitted, which increased the chance of applying for refugee status.

Table 10

Application for Refugee Status at Ports of Entry (July 2013 - December 2016 )

(Unit: Person)

	Applications	Referral	Non-referral
Total	685	3 92	286
2013	27	16	11
2014	71	26	45
2015	400	287	113
2016	187	61	119

Table 11

Application for Refugee Status at Ports of Entry by Syrian Nationals (July 2013-December 201 6 )

(Unit: Person)

	Applications	Referral	Non-referral
Total	355	329	33
2014	13	13	0
2015	295	270	25
2016	47	46	8

* There was no application in 2013.

40.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKorea to take all the necessary measures so that refugees and asylum seekers enjoy the right to work and that they themselves and their families enjoy adequate livelihood, housing, healthcare and education (para. 13 CERD/C/KOR/CO/15-16).

41.Abiding by the recommendations of the Committee, the Koreangovernment guarantees stable status of stay in the Republic of Korea as well as the right to work for recognized refugees, and they are entitled to receive social security including basic living security service, health insurance, social integration program including Korean language classes, and a Refugee Travel Document to travel outside the Republic of Korea. Refugee status applicants can receive financial aid for their living expenses, and if the RefugeeStatusDetermination(RSD) procedures have not been completed even after 6 months of the application, they may be permitted to work during their authorized stay. Furthermore, a Refugee Support Center is in operation so that access to residential facilities, medical check-up cost, and medical services can be granted to refugee status applicants. Refugee status applicants and their children are also entitled to receive primary and secondary education at the same level as that of Korean nationals. However, due to limited budget, refugee status applicants who are in urgent need of aid would be selected on priority to receive living expenses, medical check-ups, medical aids, etc., and theKorean government is trying to expand the relevant budget.

42.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended theRepublicofKorea establish a system and procedures to properly register the births of the children of refugees, humanitarian status holders and asylum seekers born in the country, as already recommended by the Committee on the Rights of the Child in 2011 (CRC/C/KOR/CO/3-4) and of children of undocumented migrants (para. 13 CERD/C/KOR/CO/15-16). While theKorean government shares the Committee’s concern reflected in its recommendation, it is important to note that birth registration is an issue that is closely related to acquisition of Korean nationality, which calls for careful consideration. In addition, it is the responsibility of the foreign diplomatic missions in the Republic of Korea to register a child born to its national in accordance with the law of the respective country. However, in the case of refugees, humanitarian status holders, or refugee status applicants who cannot register their child at the embassy of their own country, the Korean government grants a status of sojourn to the childtogive them alegal status in the Republic of Korea.

43.Upon consideration of the fifteenth to sixteenth periodic report, the Committee requested that the RepublicofKorea, in its next report, provide the number of total applications for refugee status per year distinguishing between those rejected and those accepted (para. 13 CERD/C/KOR/CO/15-16). TheKorean government has already provided information on Refugee Status Determination status on the Ministry of Justice website, etc., with international organizations including theUNHCR.

Table 12

Refugee Status Determination Statistics (1994 - 201 6 )

(Unit: Person)

Application	Completed Refugee Status Determination Procedure ( 13 393 )	Ongoing RSD Procedure ( 6 861 )	Withdrawal
Refugee Recognition	Humanitarian Status	Rejection	1st Round	Appeal
22 792	672	1 156	11 565	3 715	3 146	2 538

Table 13

Refugee Status Applicants, Recognized Refugees, Humanitarian Status Holders by Year (1994-201 6 )

(Unit: Person)

	Total	1994-2006	2007	2008	2009	2010	2011	2012	2013	2014	2015	2016
Refugee status applicants	22 792	1 087	717	364	324	423	1 011	1 143	1 574	2 896	5 711	7 542
Recognized refugees	672	52	13	36	70	4 5	42	60	57	94	105	98
Humanitarian status holders	1 156	40	9	14	22	35	20	31	6	539	194	246

44.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended that the procedure for recognition of refugee status conform to international standards and be further expedited,includingby appointing more officials to review the applications.TheCommitteealsorecommendedthatthedue process of law berespectedat all stages of the process, inter alia by providing interpreters to the applicants and guaranteeing their right to be heard during the appeal procedures which concern them (para. 13 CERD/C/KOR/CO/15-16).

45.Recently, there have been requests for proceeding with the RSD procedure more rapidly as the number of refugee status applications has been increased dramatically. The Koreangovernment attempts to classify the type of application and complete the RSD procedure within 6 months pursuant to the Refugee Act. Moreover, a separate Refugee Task Force Team was organized to reinforce the staff for RSD procedures,andtherebyreduce the number of pending applications. The Koreangovernment created a separate Refugee division in the Seoul Immigration Office and appointed 4 additional officials for RSD procedures in 2016 and 10 additional officials in 2017.The Koreangovernment is currently consulting relevant ministries aboutincreasingstaffmembers.

46.In order to ensure a fair and effective determination on rejected applications during the appeal procedures, the Refugee Committee was established in accordance with the Refugee Act. The Refugee Committee is comprised of 15 representatives including the representatives from relevant ministries at the Director General or Deputy Minister-level, ajudge recommended by the Supreme Court and 8 civilian representatives who have expertise inand objectiveviewon refugee affairs. Professionality and promptness can be achieved through thepre-assessment of subcommittee divided by three regions including Asia, Middle East, and Africa. Pursuant to the operation rule of the Refugee Committee, appeal applicants’ right to present in the Committee for statement has been ensured, and the Committee may seek opinions in writing or a statement from a person with sufficient experience and knowledge in matters concerning the case presented in order to ensure afair and objective determination of theappeal.

47.To respect procedural rights as well astoensure fair RSD procedure for refugee status applicants, the Refugee Act specifies as follows. The Minister of Justice shall collect evidence favorable to a refugee status applicant, and request cooperation from the head of relevant administrative agencies or other related organizations on matters including the submission of information. Refugee status applicants are entitled to receive assistance from an attorney, be presented by a trusted person in interviews, receive interpretation service of qualified interpreters, be allowed to record or videotape the interview process, andrequest access to or a copy of their refugee interview record or relevant materials submitted by them. Inaddition, prohibition of disclosure of personal information of any refugee status applicant or trusted individual present in an interview shall be guaranteed in compliance with the Refugee Act. Considering the fact that there has been an increasing number of refugee status applicants, the Koreangovernment is constantly holding training sessions on human rights and strengthening capabilities for RSD officers to helpconductRSD proceduresinaprofessionalmanner.

B.Promotion of Rights and Social Integration of Marriage Migrant Women

48.Upon consideration of the fifteenth to sixteenth periodic report, the Committee reiterated its recommendation to the RepublicofKorea to increase its efforts to protect foreign women married to Korean spouses by granting them equal rights in case of separation or divorce, and subsequent residence permits and other provisions. In this regard, the Committee requested the RepublicofKorea to provide information on the number of foreign spouses who have been denied resident status after separation or divorce since 2007, when the Committee made its first recommendation (para. 14 CERD/C/KOR/CO/15-16).

49.A foreign spouse may retain a residence permit if he/she is not found to be at fault for the divorce or he/she is supporting the Korean spouse’s parent(s) or family. Nonetheless, when a sham marriage, a marriageofconvenience enteredintofor the purpose of entering the country without genuine intention to get married, is suspected, theKorean government may deny the foreign spouse’s resident status which is premised upon a marriage in good faith. However, theKorean government does not manage separate statistics for foreign female spouses whose resident status is denied after divorce. Evenincaseofseparation, theresidentpermitmayberetainediftheforeignspousecanprovethathe/sheisraisingachildbornbetweenthecoupleorsupportingtheKoreanspouse’sparent(s)orfamilyalongwiththeproofofthecouple’sseparation.

50.The Koreangovernment enacted the Act on the Management of International Marriage Agencies in 2007 to protect foreign women married to Korean nationals from having their rights violated by international marriage agencies. In April 2010, the law was revised to include new provisions such as mandating agencies to provide key information on potential Korean spouses, such as marriage history, criminal record, health status and occupation. In 2012, the law was revised once again to reinforce management of international marriage brokerage and ban marriage brokerage involving minors and group blind dates. In 2013, a new provision was added to conduct fact-finding surveys on international marriages.

51.Additionally, international marriage agencieshavebeenmonitoredeveryyearsince2009in order to reinforce regulation and monitor illegal acts of international marriage agencies.In 2012, the law was amended tomandate international marriage brokers totake training courses provided by theKorean government as a precondition to register as an international marriage brokerage business. Also, measures to ensure financial stability of small-scale international marriage brokers, including a minimum capital requirement of 100 million KRW, were imposed.

52.In 2008, theKorean government began operating pre-arrivaloverseas programs forsoon-to-be marriage migrants before they enter theRepublicofKorea to prepare them with a better understanding of international marriage and Korean lifestyle and culture. The program was expanded from three countries in 2014 to four countries in 2015. The program, through which theKorean government supports the settlement of marriage migrants in the Korean society, has contributed to prevent various problemsincludingfamily conflicts that may occur after migration. In addition, ‘international marriage guide program’ wasdeveloped to assistKorean nationals who sponsor foreign spouses from certain countries. The program is designed to promote theunderstanding of the cultural background of foreign spouses and thelaws and regulations concerning the process of foreign spouse sponsorship. Implemented across the nation, the program addresses topics such as multicultural society, gender equality, relationship and communication, and relevant laws. In 2016, 7,330persons participated in the program, and 81.0% (5,834 persons) of those surveyed responded that the program was helpful in preparing for international marriage. Furthermore, theKorean government offers initial adjustment support program to marriage migrants, which consists of tips for marital relationship and communication, to facilitate early integration to the Korean society. In 2016, 3,254 persons participated in the program, and 90% (593 persons) of those surveyed responded that the program was helpful in adjusting to life inthe Koreansociety.

53.Meanwhile, to promote social integration of immigrants with Korean spouses, the Multicultural Family Support Centers in 217 locations across the nation provide Korean language and culture courses diversified by themigrants’ languages and proficiency levels, along with home-visitsand online and broadcast programs. Furthermore, Korean spouses and family members of immigrant spouses are also provided with education programs and counselling services so that immigrant spouses can quicklyintegrate into the Korean society.

54.To protect migrant women victims of domestic violence, theKorean government operates 28 shelters nationwide. Female immigrants and their children can stay at these shelters and receive medical careand legal services, andtakerehabilitation program and vocational training.

55.Since 2006, the Danuri Call Center has provided 24/7 counselling services to female immigrant spouses to provide information on living in theRepublicofKorea and to protect their human rights. The call center provides immigrant women counsellingservices in 13 different languages and supports immigrantwomenmake arrangements with hospitals, police stations and protection shelters. With 4 regional centers in 2007andtwomorein2010 newly opened, a total of 7 Danuri Call Centers arecurrently operating around the country.124,000counsellingserviceswereprovidedintheyear2016.

C.Protecting Rights of Migrant Workers

56.Based on its unique experience of both sending and receiving workers, theKorean government has developed its policy on migrant workers consideringboth domestic labor demand and protection of migrant workers’ human rights. In order to address the problems identified in the Industrial Trainee System (ITS), first introduced in December 1993, including the infringement of human rights of migrant workers, a massive increase in the number of undocumented workers and irregularities in the placement process due to the intervention of private brokers, the Employment Permit System was introduced on 17 August 2004, as referred to in Paragraph 13-14 of the thirteenth and fourteenth Periodic Reports (Para14.CERD/C/KOR/34-36).

57.Article 22 of the Act on the Employment of Foreign Workers prohibits discrimination against migrant workers, stating that “an employer shall not give unfair and discriminatory treatment to foreign workers on grounds of their status”. Labor-related laws, including the Labor Standard Act, the Minimum Wage Act, and the Occupational Safety and Health Act, are also equally applied to both migrant and native Korean workers. Indeed, the Labor Standard Act prohibits discriminatory acts based on nationality and Article 9 of the Trade Union and Labor Relations Adjustment Act prohibits discriminatory acts on the basis of race.

58.In order to ensure the effectiveness of the Act, theKorean government has been conducting labor inspections on a regular basis to checkwhether employers violated any labor laws, including a breach of terms of employment contracts, overdue wages, and discrimination. At the same time, the Korean government conducted surveys to identify trends in illegal hiring and employment to entrench legitimate employment practices. In 2016, labor inspection was conducted for 3,316 workplaces and 7,005 violations of labor laws were addressed through corrective measures, thereby remedying breaches of the rights of migrant workers. In addition, the public sector has been put in charge of the entire process of sending and receiving migrant workers, including preparing job seekers’ roster and placing migrant workers in jobs in theRepublicofKorea, to prevent irregularities in the sending process and to keep the procedures for selecting and receiving migrant workers transparent.

59.Undertheexistingpolicy,nativeEnglishteachers(E-2visaholders)wererequiredtosubmittheirMedicalExaminationRecordforEmploymentincludingHIVtestresultsforAlienRegistrationasanewentrant.However,theHIVtestingrequirementfornativeEnglishteachers(E-2)wasabolishedunderNotificationNo.2017-116oftheMinistryofJusticeasofJuly3,2017whichfollowedtheNationalHumanRightsCommissionofKorea(NHRC)’srecommendationsmadebasedonthedecisionthatthemandatoryHIVtestingpolicyhasdiscriminatorynatureagainstrace,nationalorigin,etc.

60.TheKorean government sets labor quota for migrant workers every year based on domestic labor market conditions and labor supply and demand by industry in order to protect employment opportunities for native workers and to receive migrant workers who satisfy market demands. As of 2016, theKorean government signed a MoU with 15 sending countries, including Vietnam and Thailand, and received 599,941 migrant workers. Among them, 85.1% (510,836 workers) enteredRepublicofKoreatobeemployedinthemanufacturing industry.

Table 14

Number of Migra n t W orkers R eceived by I ndustry (2004-201 6 )

(Unit: Person)

Year Industry	Total	2004-20 10	2011	2012	2013	2014	2015	201 6
Subtotal	599 941	276 265	49 130	53 638	58 511	51 556	51 019	5 9 822
Manufacturing	510 836	247 319	40 396	45 632	48 967	40 874	40 223	4 7 425
Construction	23 189	10 987	2 207	1 269	1 606	2 299	2 228	2 593
Agriculture & livestock	47 563	13 420	4 557	4 931	5 641	6 047	5 949	7 018
Service	846	315	124	107	70	91	71	68
Fisheries	17 507	4 224	1 846	1 699	2 227	2 245	2 548	2 718

61.In its consideration of the fifteenth to sixteenth periodic report, while taking note of the amendments in the Employment Permit System, the Committee recommended the RepublicofKorea to further amend the Employment Permit System in particular relating to the maximum employment period and the limitation of the migrant workers’ ability to change their workplaces (para. 11 CERD/C/KOR/CO/15-16).

62.As a short-term labor mobility system, Korean Employment Permit System (EPS) has respected the principle of ‘prevention of permanent residency’ and ‘subsidiarity to domestic labor market’ since its introduction in 2004. The EPS allows migrant workers to stay for a maximum of 3 years, and a migrant worker may be reemployed for an additional one year and 10 months after the end of that period without leaving theRepublicofKorea. In July 2012, the Act on the Employment of Foreign Workers was amended to allow migrant workers who acted in good faith, whose employment period of 4 years and 10 months came to an end, to be reemployed for a maximum of additional 4 years and 10 months uponre-entry. At the same time, various programs are in operation to support migrant workers, whose employment period has expired, for their prompt return to and reestablishment in their home country.In addition, an institutional framework is in place where migrant workers under EPS—who meetrequirements including educational background, Korean language ability, acquisition of domestic qualification certificate in a relevant field, and passing a skills verification test while working at a certain type of business for a designated period—are allowed to change their sojourn status to “Skilled Worker”, which removes the restriction of the maximum employment period as long as the requirements are met and allows their family members to stay as well.

63.Migrant workers are allowed to change workplaces during their stay in certain cases where they are deemed unable to continue working because of temporary shutdown or closure of business or where the working conditions of the workplace are not consistent with the terms and conditions of the labor contract.The change in workplaces due to causes not attributable to the migrant worker is not counted. On 20 January 2016, theKorean government strengthened the rights and interests of migrant workers by further amending “Causes for Change in Workplaces which are not attributable to Migrant Workers” (Notification of the Ministry of Employment and Labor) to include violations of the Minimum Wage Act and the Occupational Safety and Health Act, and when decided by the subcommittee of the Council on Protection of the Rights and Interests of Migrant Workers.

64.Upon consideration of the fifteenth to sixteenth periodic report, the Committee expressed concern that migrant workers cannot enjoy their right to organize and join labor union and recommended thatthe RepublicofKorea guarantee the right of all persons to freelyform and join trade unionsfreely (para. 11 CERD/C/KOR/CO/15-16).

65.TheKorean government has ensured both documented migrant workers and native workers their right to freely organize and join labor union without discrimination. In addition, upon consideration of the judgement of the Supreme Court on the case of the “Seoul-Gyeonggi-Incheon Migrants’ Trade Union (MTU)” in June 2015, which states that migrant workers without qualifications for employment also have the right to organize and join labor unions, theKorean government delivered a certificate of completion forthe labor union establishment reportto the MTU in August 2015, which granted the MTU a status of a legal labor union.

66.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKoreato ensure that migrant workers fully enjoy their rights and that migrant workersandtheirfamilies, particularly children,enjoy adequate livelihood, housing, healthcare and education (para. 11 CERD/C/KOR/CO/15-16).

67.To assist migrant workers adapt to life in theRepublicofKorea, theKorean government operates Migrant Workers Support Centers, which provide interpretation services, Korean language education and counselling service, as of December 2016 in 39 cities, including Seoul, Incheon, Daegu, and Kimhae, where migrant workers are concentrated. More Centers are due to be established in other locations and the services will be diversified. In addition to the support centers, shelters for migrant workers arerun by NGOs, and theKorean government also holds various cultural events to help migrant workers adapt to life in theRepublicofKorea and to promote their cultural diversity.

68.Migrant workers, like native Korean workers, are covered by Industrial Accident Compensation Insurance and National Health Insurance. In addition, in order to protect migrant workers’ rights and interests and guarantee support for their return to their home country, it is mandatory to take out Return Cost Insurance to cope with their departure costs such as air fare, and Casualty Insurance to insure them against diseases not related to work.

69.The Employment Permit System (EPS) was introduced to address the problems identified in the Industrial Trainee System (ITS), and the current statistics indicate significant improvements. The rate of undocumented workers which reached 80% in 2003 dropped to 13.9% in December 2016, and the average sending cost dropped from $3,509 in 2003 to $941 in 2015. Meanwhile, according to an assessment conducted in 2007, when the EPS was in its early stage, Absent Without Leave from Workplace (AWOL) rates dropped from 50~60% to 3.3%, and the rate of overdue wage rates also dropped from 36.8% to 9.0%. This indicates that migrant workers’ rights and interests intheRepublicofKoreahave rapidly improved in a relatively short period.

70.Upon consideration of the fifteenth and sixteenth periodic report, the CommitteeurgedtheRepublicofKoreatoprotecttherightsofundocumentedmigrantworkersandtoprovideinformationonthenumberofundocumentedmigrantworkersidentifiedduringlaborinspections,theirconditionsandlengthofdetention,aswellasthenumberofthosewhohavebeenexpelled.TheCommitteealsorequestedtheRepublicofKoreatotakeallmeasuresthatmigrantworkers,whoenteredthecountrylegally,donotbecomeundocumentedasaresultoftheinflexibilityoftheworkpermitssystem(para. 12 CERD/C/KOR/CO/15-16).

71.Labor-relatedlawssuchastheLaborStandardActandtheActonIndustrial Accident Compensation Insuranceareequallyappliedtobothundocumentedmigrantworkersandlegalmigrantworkers.Undocumentedmigrantworkerscanalsoequallyenjoytheirright to organize and join labor union.Furthermore,theconditionsforchangingworkplaceshasbeeneasedsothatmigrantworkerscanchangeworkplacesshould they be deemed unable to continue working,includingwhentheemploymentpermitoftheemployeriscancelledorrestricted,whentheworkingconditionsarenotconsistentwiththetermsofthelaborcontract,andwhen theemployerviolatedthe Occupational Safety and Health Actandthe Minimum Wage Act.TheKoreangovernmenthasconductedlaborinspectionstocheckwhethertheemployersfulfilltheirdutiesregardingtheEmploymentPermitSystemandabidebylabor-relatedlawsingeneral.Theinspectionisnotaimedatidentifyingundocumentedmigrants.Thenumberofundocumentedmigrantworkersidentifiedduringlaborinspectionsbetween2013and2016isasfollows.

Table 15

Number of U ndocumented M igrant W orkers I dentified D uring L abor I nspections (2013- 20 16)

( Unit: Persons )

Year	2013	2014	2015	2016
Undocumented migrant workers	13	9	20	13

D.Guaranteeing Right to Education for Immigrant Children, Including the Children of UndocumentedImmigrants

72.The Korean government revised the Enforcement Decree of the Primary and Secondary Education Act (in Feb 2008 and Dec 2010) to provide primary and secondary education for all immigrant children in theRepublicofKorea regardless of their parents’ status of sojourn. Moreover, to support immigrant children to better adapt to their school life in theRepublicofKorea, multicultural students are allowed to enroll in or transfer to a school that has a special class dedicated to educating multicultural students. Furthermore, the Enforcement Decree of the Primary and Secondary Education Act was revised (Oct 2013) to establish deliberative committees under the superintendents of education to deliberate the level of educational attainment of immigrant children who have difficulty proving their previous academic qualifications received in their home country. In line with this Act, local offices of education across the country have established their own deliberative committees to review the level of educational attainment of immigrant children (completed in Nov 2015), and the Ministry of Education has developed and distributed guidelines and evaluation templates to assist effective operation of the deliberative committees. Furthermore, in cases where the immigrant parents of primary or secondary school students face immediate deportation for having caught violating the Immigration Control Act, in order to avoid abrupt discontinuation of education for the children, the parents are granted temporary release from deportation, which effectively allows them to take time to prepare for their departure before they are ready to leave the country.

73.To support Korean language education for foreign students in theRepublicofKorea, the Korean language subject has been included in the regular curriculum of preliminary schools for foreign students (publicly announced in July 2012), and standard Korean language learning materials were developed. Also, after-school programs, field activities and college student mentoring services are provided to foreign students to assist their studies.

E.Ratification of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

74.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKorea to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (para. 11 CERD/C/KOR/CO/15-16).

75.Some of the elements of the Conventionincluding i) admission of accompanying family members, ii) conditions under which migrant workers may engage in self-employment (Article 52 Paragraph 4), iii) birth registration and granting of nationality for all migrant workers’ child (Article 29) and iv)regularization of the irregular situations of migrants (Article 69 Paragraph 1) are in conflict with the provisions of Immigration Act, Nationality Act, Act on Foreign Workers’ Employment, etc. For this reason, determination whether to ratify the Convention requires a careful consideration.

F.Review of Artist/Athlete (E-6) Visa Regime and Exercise of Control on Related Actors

76.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKorea to review the current E-6 visa regime and to exercise the necessary control on all categories of actors, including private business, related to it (para. 16 CERD/C/KOR/CO/15-16).

77.TheKorean government strengthened the review standards for Artist/Athlete (E-6) visa issuance in order to prevent entertainers with an E-6 visa from falling victim to illegal acts such as forced/arranged sex trafficking. In November 2011, it established detailed standards to put restrictions on granting Visa Issuance Confirmation to illegal actors and developed a new online system to check criminal records; it toughened the review process for visa issuance by requiring invitees to have an interview with a consul if the inviters haveneverinvited foreigners before or have lost contact with their invitees in the recent six months; in October 2013, it revised the Enforcement Rule of the Immigration Act to make sure that Visa Issuance Confirmation is not issued to establishments which have been punished for forcing/arranging sex trafficking in the past, prohibiting future employing of foreign entertainers; it has held the government-wide “Review Team Meeting on the Implementation of Sex Trafficking Preventing Measures” since December 2013 to discuss measures for continuous improvement of the Artist/Athlete (E-6) regime and put them into action;InSeptember2016,itwasmademandatoryforforeignentertainerstosubmitacareercertificate,andfacilityrequirementswasstrengthenedtorestrictvisaissuancetoestablishmentswithconfinedspacesinordertopreventviolationofhumanrightssuchassextraffickingandhumantrafficking; and it has provided early adjustment programs for Artist/Athlete (E-6) visa holders to learn about human rights violation cases and remedy procedures thereof, and other information as part of efforts to prevent human rights violation that may arise from forced sex trafficking and other illegal acts.

78.In addition, theKorean government has continuously regulatedandinvestigated on establishments where foreign entertainers perform. This aims to reinforce on-site examinations and crackdowns on establishments inrelationto recommendation of Artist/Athlete (E-6) foreign entertainers and visa issuance, and to place stronger administrative restrictions on law-violating establishments. It will continue to conduct joint crackdowns on a regular basis on establishments involved in unlawful acts and impose severe punishments if they are found to have engaged in forced sex trafficking, human trafficking, or other acts that infringe on human rights.

79.TheKorean government operates Foreign Performers Recommendation System which screens visa applicants through a committee process as a pre-stage of issuing E-6 visa. The Committee iscomposedof members with professional knowledgetoensureexpertiseinitsscreeningprocess,sothatE-6 visa is not used asameansfor sex trafficking or forced labor.Also,inordertothoroughly evaluate visa applicants in terms of musical instrument performance and authenticity, theCommitteeisoperating advanced technology equipment todetect tampered or altered audio recordings and lip-synching.

80.In order to identify the problems of Foreign Performers Recommendation System, the Koreangovernment conducted anon-siteexamination on the employers of foreign artists and took corrective measures for violators in 2014. Moreover, a meeting to discuss the prevention of side-effects oftheE-6visaregimewas held in 2015 with the participation of stakeholders from nations which have the most applicants. The Koreangovernment continues to improve the System by imposing penalties against violations and establishing a cooperation system with related organizations.

Article 6: Remedies and Compensation for Foreign Victims

A.Protection Measures for Foreign Female Victims of Domestic Violence, Sexual Violence, Human Trafficking or other Forms of Violence

81.Upon consideration of the fifteenth to sixteenth periodic report, the Committee urged the RepublicofKorea to ensure that foreign women victims of domestic violence, sexual abuse, trafficking or other forms of violence can confidently access justice (para. 15 CERD/C/KOR/CO/15-16).

82.The Koreangovernment revised the Immigration Act to establish Article 25-2 of Special Rules for marriage migrants in April 2011, and Article 25-3 of Special Rules for Victims of Sexual Violence in December 2014, to ensure that foreign female victims of domestic violence, sexual violence, human trafficking or other forms of violence can confidently access justice. Pursuant to the Act, where foreigners, including those married to Korean nationals, who are undergoing court proceedings, an investigation by an investigative agency, or procedure for the remedy of the right under other Acts due to domestic violence or sexual violence, apply for an extension of the period of sojourn, the Ministry of Justice may grant an extension of the period of sojourn until such procedure for the remedy of the right is completed.

83.In July 2013, the Supreme Prosecutors’ Office stipulated a special provision on domestic violence against marriage migrants by establishing the “Guideline on Domestic Violence Case Processing and Assisting the Victims.” The purpose of the Guideline is to facilitate access to judiciary procedures for foreign female victims of domestic violence. Also, should an investigation into a reported incident of domestic violence in a multicultural family require interpretation, a designated interpreter’s services will be provided in order to ensure that the victim’s statements are fully taken into consideration. Should the presence of persons with reliable relationship be necessary, counsellors from relevant agencies are ready to act in such role if need be. Moreover, should victims be in need of legal counsel regarding the civil or criminal procedures related to incidents of domestic violence, the Supreme Prosecutors’ Office will provide them with the services of attorneys, including those working with the Multicultural Family Support Centers. Marriage migrants who are terminating their marriages on grounds of domestic violence will also be provided with assistance in various forms.

84.When a foreign woman reports crimes under the Act on the Punishment of Acts of Arranging Sex Trafficking or is investigated as a sex trafficking victim, any order for her deportation shall not be executed until it is decided whether a perpetrator shall be prosecuted or not. Moreover, after instituting a public prosecution against a case, a prosecutor may request a suspension of deportation order or a temporary release from detention for a fixed period of time to the head of an immigration office, taking into account the necessity for testimony, compensation or other circumstances. The foreign women in question may be granted access to support facilities during this period. Furthermore, as an additional measure to offer protection and assistance to foreign women, investigative agency officials questioning a foreign woman who is a victim of sex trafficking are required to notify the victim ofherrighttofile a claim for reparation based on the Act on Special Cases Concerning Expedition, Etc. of Legal Proceedings.Moreover,theMinistryofJusticehasreinforceditssupportforprotectingforeignfemalevictimsofcrimesbyenactinganewprovisionwithintheImmigrationActonspecialmeasuresavailableforvictimsofsexualviolence.ThenewprovisionenablestheMinisterofJusticetopermitextensionofaforeignwoman’sstayifsheappliesfortheextensionwhileunderinvestigationbyaninvestigativeagencyorinatrial,orotherlegalremedyproceduresforsexualoffencesunderArticle2,Paragraph1,oftheActonSpecialCasesConcerningthePunishment,etc.of SexualCrimes.

85.The amendment of the Crime Victim Protection Act, effective since 16 April 2015, stipulated that the State shall provide crime victims with information pertaining to their rights and support available to them. Accordingly, relevant information has been published in English, Chinese, Japanese and Vietnamese so that the information can also be provided to foreign victims of crime. Also, with the aim to further protect human rights of sexual violence victims, the victims are provided with state-appointed attorneys and statement assistants during the investigation stage. Also, professional translation and interpretation services are provided to ensurethat the victims communicate unhindered with the investigative agencies, as well as their state-appointed attorneys.

86.The Koreangovernment operates facilities to support immigrant women victims of sex trafficking and/or forced prostitution. Victims can stay at shelters and receive medicalcare and legal support, and interpretation service. Those who wish to return to their home country can also receive repatriation service.

87.Currently 25 shelters for foreign women victims of sexual violence, domestic violence, and forced prostitution are in operation or being established, increased by 7 from 18 in 2012. And two group homes to support housing, as well as one Rehabilitation Support Center for rehabilitation and self-support, are operating so as to help settlement intheRepublicofKorea.

88.AlsotheDanuriCallCentermakes arrangements for immigrant women who fall victim to violence so that they can get support via emergency hot line (112 or 119), counsellors, shelters and local multicultural centers. Free legal services are provided by theKorea Legal Aid Corporation, Korea Legal Aid Center for Family Relations, Korea Rape Crisis Center and KBA Legal Aid Foundation. Rehabilitation Support Centers provide services to help victims settle down in theRepublicofKorea, including education on Korean language and computer skills, career exploration activities and vocational training and job placements. Support facilities are also in place for foreign victims of forced prostitution.

B.Eliminating Human Trafficking of Migrant Women and Assisting Female Victims

89.Upon consideration of the fifteenth to sixteenth periodic report, the Committee urged the RepublicofKorea to ratify Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to revise the Criminal Act and adopt national legislation which allows prosecution and adequately punishes the perpetrators of trafficking (para. 16 CERD/C/KOR/CO/15-16).

90.Pursuant to this recommendation, the Koreangovernment completed key legislative groundwork for the ratification, including the amendment of the Criminal Act in April 2013 to criminalize human trafficking. It completed the domestic procedures for the ratification of the Convention and the Protocol in May 2015 and deposited the instrument of ratification with the United Nations Secretary-General in November 2015. The Convention and its Protocol cameintoforce on 5 December 2015 and the Koreangovernment is nowactively implementing the Convention and the Protocol.

91.Following this recommendation, theKorean government amended the Criminal Act to include the criminalization of human trafficking and the aggravated punishment for human trafficking for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of body organs. Also, the amendment provides for the application of the Criminal Act on foreigners who commit the crimes such as child abduction or luring or human trafficking outside Korean territory. InJanuary2014,the Supreme Prosecutors’ Office strengthened its standards to be more stringent in handling abduction or luring and human trafficking,includingthemodificationtoimposeheavier sentences for crimesrelatedtohuman trafficking. The following table shows the yearly data on case processing of human trafficking criminals from year 2011 to 2016.

Table 16

Cases of Human Trafficking Handled

(Unit: Persons)

Year	Total Handled	Prosecution	Non-prosecution	Other
Indictment	Demand for Summary Order
2011	342	111	7	124	100
2012	445	175	3	128	139
2013	387	107	3	128	149
2014	489	144	1	145	199
2015	468	487	157	150	180
2016	566	572	199	190	183

* Scope of crimes: violations of the Criminal Act (abduction for profit-making, women trafficking, human trafficking, etc.), violations of the Act on the Punishment of Acts of Arranging Sex Trafficking (forcing sex trafficking, etc.), violations of the Act on the Protection of Children and Juveniles from Sexual Abuse (coercive conduct, etc., trafficking), and violations of the Act on the Aggravated Punishment, etc. of Specific Crimes (abduction or luring for the purpose of overseas transferring, women trafficking, etc.).

** Non-prosecution: being cleared of suspicion, suspension of indictment, not constituting an offense, no state authority to prosecute, rejection.

*** Other: stay of prosecution in cases where the suspects ’ whereabouts are unknown, stay of prosecution in cases where the whereabouts of complainants, accusers, etc., are unknown, transfer of the case to a competent Juvenile Department of a district court, and transfer to another prosecutors ’ office.

92.Upon consideration of the fifteenth to sixteenth periodic report, the Committee recommended the RepublicofKorea torevisetheCriminalCodeand adopt national legislation which allowsprosecutionandadequatelypunishestheperpetratorsoftrafficking,providesreparationstovictimsandensures that fear of expulsion does not deter female migrants from reporting human trafficking and other forms of crimes (para. 16 CERD/C/KOR/CO/15-16).

93.The Koreangovernment newly added Article 92-2 (Exemption from Obligations to Notify) to Enforcement Decree of the Immigration Act. In accordance with the enforcement of the provision, effective in October 2012, the “Guidelines on Exemption from Obligations to Notify” was established, which was implemented from March 2013. Under the provision, officials in charge of helping victims of human trafficking and other forms of crimes, as well as remedies for human rights violations-officials from the prosecutors’ office, police officers, and public officials of the National Human Rights Commission of Korea-are exempt from the obligation to notify immigration authorities of personal information of the foreigners who are the victims. This has made it possible for foreign victims to report the crimes without fear of theiridentificationbeingexposed. In this respect, it helps protect rights and interests of foreigners and prevent crimes. Still, undocumentedimmigrants who are not aware of the exemption regime often refrain from reporting crimes such as human trafficking due to fear of their identification being exposed. Therefore, the government plans to step up activities toraiseawarenessabout the exemption regime in cooperation with the police and other agencies.

94.In addition, theKorean government has implemented measures to prevent human trafficking and other forms of crimes and to protect the victims of such crimes. In May 2007, the Koreangovernment has established special rules for victims of crimes such as human trafficking to allow them to stay and work in the Republic of Korea until the remedy procedure — litigation or other procedures to seek remedy for forced sex trafficking, habitual violence or abuse or other crimes that resulted in severe damageis complete. Since May 2014, the government hasrun an initial adjustment support program for newly arrived foreign entertainers. Under the initial adjustment support program, inadditiontoinformationonlifeintheRepublicofKoreaandbasiclawandorder,immigration offices throughout the countryconducteducationoncases of human rights violations, responsemeasures, and remedy procedures for human rights violations. AsofDecember2016,a total of 4,349foreignentertainerswereregisteredaliensand821 ofthem have participated in the program.

C.Preventing Discrimination against Foreigners in Correctional Facility or Immigration Detention Facility

95.The Human Rights Bureau of the Ministry of Justice conducts regular inspection of correctional facilities and immigration detention facilities to prevent any discrimination against foreigners in regard with provision of medical care, food or rationed goods. It established the Human Rights Violation Hotline Center providing a 24-hour service hotline in order to launch prompt investigation upon receiving any reports and issue remedial measures accordingly.

96.In particular, leaflets as well as informative videos in various languages for foreigners were made and distributed to reinforce the dissemination of the remedial procedures for human rights violations. Any discriminatory treatment of foreigners based on nationality, race, religion, etc. is being coped with through pro-active measures. As a result, a total of 8 cases were rectifiedin2016: one case regarding assuranceoftherighttosleepthroughupgradinganightlamp, one case regarding surveillance camera installation in a women’s detention room, one case regarding improvementofhygienicenvironment, two cases regarding safetyofdetentionfacilities, two cases regarding addressingforeigners’complaints,andonecaseregardingimprovedprotectionofportraitrightswhenbeingsenttoahospitaloutsidethefacilities.

D.Remedial Actions and Assistance Available for Foreign Victims

97.Foreign victims of all nationalities can not only file a claim against the perpetrators for reparations in regard to damage arising from a tort but also apply to the Korean government for monetary relief for criminal injuries provided in the Crime Victim Protection Act in accordance with the principle of reciprocity. Provided that the victims or their bereaved families meet certain requirements, the Korean government grants monetary relief for criminal injuries from an allocated budget.

98.There are Crime Victim Support Centers located nationwide that provide legal counselling, guidance on the legal aid, and emergency relief as well as assistance with job-seeking and cleaning up the crime scene for crime victims, foreigners and nationals alike. Foreign victims of crime who have suffered damages can, upon meeting the requirements, be provided with monetary relief for criminal injuries, medical expenses and emergency living expenses from 58 prosecutors’ offices nationwide. In case the victim is unable to recover to lead a normal life because of mental sufferings inflicted by the crime, eight Smile Centers located nationwide (Seoul, Incheon, Busan, Gwangju, Daejeon, Daegu, Chuncheon and Jeonju) provide professional counselling and therapy.

99.To ensure that foreign crime victims have equal access to assistance, a Vietnamese, Chinese and English edition of the “Handbook for Victims of Crime” has been made available in counselling offices, victim support centers, local government offices and police stations nationwide. The handbook provides information on assistance provided by victim support groups and relevant agencies including the services of the Crime Victim Support Centers and legal aid organizations.

100.To protect human rights and provide remedy for foreign female victims of crimes such as domestic violence, an agreement is in place among the 58 Crime Victim Support Centers and local counselling centers for sexual violence and domestic violence to provide assistance to migrant women in an effective manner. In addition, the Ministry is in talks with the Korea Legal Aid Center for Family Relations for an arrangement on providing legal counsel and professional assistance in family affairs litigation for foreign victims of domestic violence.

Article 7: Education, Culture and Information Dissemination to Combat Prejudice Leading to Racial Discrimination

A.Paying Special Attention to Children of Multicultural Families

101.Upon consideration of the fifteenth to sixteenth periodic report, the Committee urged the RepublicofKorea to pay particular attention to the children of such families who bear the heaviest consequences of lack of integration (para. 17 CERD/C/KOR/CO/15-16).

102.In line with the changing racial fabric of the Korean society and the recognition of the importance of understanding other cultures with a sense of tolerance, curricula for primary and secondary schools were revised in 2007 and 2009 to include education for international understanding, human rights and multiculturalism. Also, from 2006 through to 2007, complementary world maps and learning materials were developed and distributed to all primary and secondary schools across the country tohelpstudentsunderstandthecultureandhistoryofdiverseethnicities. The primary and secondary school curricula revised in2015alsoincludecontentonrespectforhumandignityanderadicationofprejudiceanddiscriminationbasedonrace,therebybuildingafoundationforasystematichumanrightseducation.

103.Additionally,training programs for teachers have been expanded in order to improvetheir perception on multicultural education and understandingon studentsfrommulticulturalfamilies. Furthermore, various contents to promote understanding of multiculturalism have been developedanddistributed toensure all students can get along regardlessoftheirethnicity or cultural difference.Thesecontentsarebeingutilizedfortheeducationonmulticulturalismatschoolthroughrelevant school curricula, as well as student clubs and field activities.

B.Human Rights Education for Law Enforcement Public Officials

104.Since the establishment of the Human Rights Bureau in May 2006, the Ministry of Justice has been conducting human rights education for public officials belonging to the Ministry of Justice. The Ministry of Justice implements training to improve human rights sensitivity targeted on law enforcement public officials belonging to the Ministry of Justice followingteachingandproducinginternal human rights instructors in each line of its service duties. It also consistently carries out human rights education through a group of external human rights lecturers, comprised of professors, lawyers, and human rights experts in various fields: these lecturers visit the affiliated organizations such as the Immigration Office to train immigration officials including those in charge of crackdowns on undocumented immigrants.

105.In regardstothe training aimedto improve human rights sensitivity, prosecution investigators are trained about the prohibition of discrimination based on race during investigation procedures. Also, immigration officials such as those working in immigration detention facilities and in charge of crackdowns on undocumentedimmigrants are provided with trainings on understanding multicultural society and prevention of human rights violation. Correctional officials are trained on prevention of discrimination against foreign inmates. The education programs consist of contents that improve character and practical ability to respect human rights through first-hand approach withemphasis on experience and participation.

106.Consequently, the Ministry of Justice has improved human rights sensitivity among law enforcement officials, promoting understanding on multicultural societies and a system of international human rights norms including the International Convention on the Elimination of All Forms of Racial Discrimination, and spreading a social consensus on universal human rights which transcend nationality and race.

107.In addition, the Institute of Justice under the Ministry of Justice conducts education for law enforcement officials (including those in charge of crackdowns on and investigation of undocumentedimmigrants) on eradicating racial discrimination, major contents of which include social integration of immigrants, roles of public officials in multicultural society, training for multicultural sensitivity, understanding and tasks of Korean multicultural society, and policies for marriage migrants. A total of 101 officials received training in 2012, 120 officials in 2013, 115 officials in 2014 and 105 officials in 2015,and122officialsin2016.

C.Supervision on Incitement of Racial Discrimination by Mass Media

108.Upon consideration of the fifteenth to sixteenth periodic report, the Committee on the Elimination of Racial Discrimination issued a recommendation for the supervision of mass media to determine individuals and groups who disseminate ideas based on racial superiority and incite racial hatred against foreigners (para. 10 CERD/C/KOR/CO/15-16).

109.Based on the Rules on Broadcast Review in accordance with Article 33 of the Broadcast Law, the government reviews expressions and statements on broadcast media that instigates negative stereotypes against a particular race or that mocks or insults a particular race, and imposes sanctions on broadcasting business operators that are in violation of the relevant laws and regulations pursuant to Article 100 of the Broadcast Law.

110.Furthermore, in connection with hate speech against a particular race, there were several broadcasting programs that were reviewed and sanctioned: 2 cases in 2012, 4 cases in 2013, 7 cases in 2014, 3 cases in 2015and3casesin2016. In accordance with Article 100 of the Broadcast Law, broadcasting business operators are required to notify its viewers by broadcast the reasons for the sanction, the laws and regulations in violation and the results of the sanction and the results of the review, and sanctions are reflected upon the assessment of the broadcasting business operator and the deliberation for re-obtaining approvals and permits.

Table 17

Status of Deliberations on Hate Speech against a Particular Race for the Past 5 Years

(Unit: cases)

Category	2012	2013	2014	2015	201 6	Total
Statutory sanctions	0	3	0	0	1	4
Administrative guidance	2	1	7	3	2	15
Total	2	4	7	3	3	1 9

Applicable provision: Article 31 of the Rules on Broadcast Review (Respect for Cultural Diversity).

111.While reviewing and imposing sanctions against hate speech against a particular race on broadcast media, the government provided ‘Guideline for Broadcasting Language’inSeptember 2015 in order to rectify discriminatory statements, distorted and lascivious expressions on broadcasting programs, and regularly carries out training programs for interested parties so that the Guideline may be voluntarily used in deliberations for broadcasting productions and broadcasting business operators’ own programs.

112.Furthermore, the Korea Communications Standards Commission reviews expressions and statements on the Internet that promote negative stereotypes against a particular race or that mock and insult a particular race in accordance with the Rules for Deliberation on Information and Communications.The Commission continues to eliminate expressions and statements on the Internet that promote negative stereotypes against a particular race or that mock and insult a particular race includingthrough monitoring and receivingcivil complaints.

Table 18

Status of Deliberations in relation to Racial Discrimination

(Unit: cases)

Category	2013	2014	2015	2016	Total
Correction Demand	18	0	2	2	2 2

* Applicable provision: Article 8 of the Rules for Deliberation on Information and Communications ( v iolations, etc. of Good Morals and Social Order).

Part 4: OtherInformationRegardingtheRecommendationsoftheCommittee

A.MandateoftheNationalHumanRightsCommissionofKorea

113.Upon consideration of the fifteenth and sixteenth periodic report, the Committee reminded the RepublicofKorea ofitsresponsibilitytoensurethattheNationalHumanRightsCommissionofKorea(NHRCK)remaincompliantwiththeParisPrinciples,inparticularwithrespecttoitsindependence.TheCommitteealsourgedtheRepublicofKoreatorespectthetimingoftheinvestigationsbytheNHRCK,toprovideitwithadequatefinancialresourcesandexperiencedhumanrightsexpertssoastoenableittocarryoutitsmandateeffectively,includingpromotingandmonitoringtherightsundertheConvention(para. 18 CERD/C/KOR/CO/15-16).

114.TheNHRCKwasestablishedinNovember2001asanationalhumanrightsorganizationindependentfromthegovernmentincompliancewiththestandardssetoutintheParisPrinciples.AsspecifiedinArticle3oftheNationalHumanRightsCommissionofKoreaAct,theNHRCKindependentlyexecutesitsdutiesunderitsauthority.TheNHRCKundertakesvariousactivitiesincludingmakingrecommendationsfortheimprovementofpolicies,laws,institutionsandpractices,conductingawiderangeofinvestigationsonhumanrightsconditions,providingrecommendationsondiscriminatorypractices,andcarryingoutandraisingawarenessofhumanrightseducationaswellascooperatingwithbothforeignanddomestichumanrightsorganizations.

115.TobolsterthestatusofNHRCK,theNationalHumanRightsCommissionofKoreaActwasamendedinFebruary2016,whichensurestransparencyinnominationandelectionprocessanddiversityofhumanrightscommissioners,andstipulatesthefunctionalimmunityforanyremarksordecisioninthecourseofperformingtheirduties.Article18oftheactstipulatesthatmattersnecessaryfortheorganizationalaspectsoftheCommissionshouldbetakenintoconsiderationpositivelytoensureindependenceoftheCommissionandeffectivenessoftheexecutionofitsduties.TheNHRCKalsoannouncesthevacancyofacommissioner,receivesrecommendationsofcandidatesfromthepublic,anddeliversthelisttotheappointingauthoritiesinanattempttodiversifyitscomposition.

B.Follow-uptoDurbanDeclarationandProgrammeofAction

116.Upon consideration of the fifteenth and sixteenth periodic report, the Committee requiredtheRepublicofKoreatoprovidespecificinformationonactionplansandothermeasurestakentoimplementtheDurbanDeclarationandProgrammeofAction,adoptedinSeptember2001bytheWorldConferenceagainstRacism,RacialDiscrimination,XenophobiaandRelatedIntolerance(para. 20 CERD/C/KOR/CO/15-16).

117.AseparatecomprehensiveactionplanhasnotbeenestablishedinordertonationallyimplementtheDurbanDeclarationandProgrammeofAction.However,the Second NationalActionPlanforthePromotionandProtectionofHumanRights(2012-16),whichwasadoptedtoprovidegovernment-widehumanrightspolicydirections,includesseveralimplementationtaskstoeliminateracialdiscrimination.Inaddition,theSecondBasic Plan for Immigration Policy (2013-2017)wasadoptedonthefoundationoftheFramework Act on Treatment of Foreigners Residing in the Republic of Korea,inordertopromotehumanrightsofandpreventdiscriminationagainstforeignersincludingmigrantworkersandimmigrantwomen.Furthermore,as explained above,measureshavebeentakentopreventracialdiscriminationandprotectvictimsinaccordancewithlawsandregulations,includingtheRefugee Act,the Act on the Management of International Marriage Agencies,the Act on the Employment of Foreign Workers,Article 25-2(Special Rules for Marriage Migrants) and Article 25-3 (Special Rules for Victims of Sexual Violence)ofthe Immigration Act,andArticle 289(CriminalizationofHumanTrafficking)oftheCriminal Code,etc.