54.
The NHRCK recommended not only 10 guidelines in “The Second
Edition of Human Rights Guidelines on Migration” on 18 December 2019,
but also made other recommendations on migrant workers, including: (1)
Take disciplinary action against those responsible for the death of migrant
workers in the process of crackdown on 16 January 2019; (2) Minimize the
use of the “Emergency Detention Note” 12 stipulated in article 51 of the
“Immigration Act” and set up a guideline to protect foreigners by receiving
a “Protection Order” in principle; (3) Provide guidelines and strengthen
management and supervision to stop the crackdown immediately in the event
of a risk of an accident, rescue people first in case of an accident, and develop
a specific safety plan before the crackdown; (4) Conduct prevention
education and provide detailed guidelines for prevention of recurrence; (5)
Record and keep a video of crackdown mandatorily; (6) Establish and
operate a systematic and regular human rights education for public officials
in charge of crackdown; (7) Draw up supervisory plan to ensure that
measures limiting right to liberty, including de facto arrest and taking a
person to the police station that may occur in the process of crackdown on
undocumented immigrants, are carried out in accordance with criminal
justice procedures.
55.
The Ministry of Justice did not accept guidelines for disciplinary
actions, mandatory video recording of the crackdown process and preparing
plans to supervise the process in accordance with criminal justice procedures.
The Ministry partially accepted following recommendations that it is
difficult to check personal information of foreigners and it is the reason for
using the emergency detention note, but it will make practical efforts going
12 If there is an emergency and cannot afford a protection order, emergency measures should be
prepared after urgently protecting foreigners. In this case, a protection order must be issued
within 48 hours, and if no protection order is issued, protection must be released immediately.
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