tus that does not allow employment such as the B-1 visa6, not a working visa, also occurs7.
2) Questions
- Please provide information on statistics on cases of sexual and labor exploitation occurred after
creation of the provision on trafficking in persons under the Criminal Act and specify stance reg
arding the critics that the Criminal Act defines trafficking in persons narrowly.
- Please provide measures to prevent the act of trafficking in persons including forced labor and
protect victims of trafficking in persons by reflecting the strict punishment standard under intern
ational human rights treaties.
14. Right to Defense Counsel
1) Current Status
- With the amendment of the Criminal Procedure Act (Article 243 (2), defense counsel’s participation,
etc., 2007, newly added)8, the government recognizes the right to participation of defense counsel durin
6
B-1 Visa exemption is for short-term stay for citizens of a country that has signed a visa
waiver agreement with the government of the Republic of Korea.
* source: enforcement decree of the immigration act, article 12. status of long-term stay [ta
ble 1]
7
NHRCK(2017) 「Research on re-establishment of a guideline on migration and human rights
」, pp. 255.~257.
8
「Criminal Procedure Act」, Article 243-2 (Defense Counsel's Participation)
(1) Upon receiving an application from a criminal suspect, his/her defense counsel, legal rep
resentative, spouse, lineal relative, or sibling, a prosecutor or a senior judicial police officer
shall allow the defense counsel to have an interview with the suspect or shall allow the defe
nse counsel to participate in the interrogation of the suspect, unless there is good cause.
(2) If there are two or more defense counsel who desire to participate in the interrogation, t
he criminal suspect shall designate one counsel to participate in the interrogation. If there is
no counsel so designated, the prosecutor or senior judicial police officer may designate on
e.