participation in strikes23, these changes alone do not regulate the prosecution itself or prevent
employers from making complaints on industrial actions but simply means that it is less likely that
strikers may be found guilty. Indeed, it is reported that the situations concerning the civil proceedings
initiated by employers over industrial actions remain unchanged.
24.
Recommendation: It is concerned that the proportion of workers paid less than minimum
wage still exceeds 10%. Address the social conflicts resulting from the expansion in indirect
employment and non-regular work, and make efforts to guarantee three basic labour rights
particularly for EDWs and those who are hired by the Government and local governments, and to
promote the rights of vulnerable working people like EDWs and dispatched workers by extending the
coverage of the Industrial Accident Compensation Insurance, for example.
Protection of minorities and elimination of discrimination
25.
Recently, hate speeches, particularly against women and foreigners, have gained a growing
attention as a social issue, and disadvantaged groups, such as women, sexual minorities, persons with
disabilities and migrants, are highly fearful of the hate speeches against themselves.24 Although the
Government revealed its position to accept Recommendation 124.30 which raised this issue, it has
failed to make sufficient efforts to make legal or institutional improvements for handling hate
speeches, including the legislation of a comprehensive anti-discrimination law.
26.
It is encouraging that a significant progress has been made in the Government’s policy
measures to protect migrants, including the legislation of the Refugee Act and the implementation of a
range of multicultural policy actions. Still, most of these actions are focused on registered foreigners,
notably including migrant workers who come to the ROK under the Employment Permit System
(EPS) and marriage migrants, leaving unregistered migrants and their children in very vulnerable
conditions. In addition, the EPS restricts employees’ freedom of changing their work places; and
female marriage migrants are highly dependent on their spouses. Meanwhile, it is reported that female
migrantsholding E-6 visas (arts and entertainment) are highly likely to be exposed to sexual
exploitation. Moreover, there are some cases where a foreigner who, after it was decided that his/her
application for refugee status recognition would not be forwarded to the deliberation process, filed a
suit in defiance of the decision, had to stay for long in poor conditions of the waiting room for
departing foreigners while the proceedings were in progress.25
27.
Recommendation: Map out policy actions to mitigate hate speeches against socially
disadvantaged groups. Reinforce existing humanitarian protections for the foreigners staying in the
country, including unregistered migrants, and guarantee fundamental human rights of refugees,
asylum seekers and refugee status applicants. In particular, the Government should provide strong
protection to foreign children, whether registered or unregistered, in accordance with the principle of
‘the best interests of the child’, and needs to have a clear understanding about the situations of female
marriage migrants and E-6 visa holders who are exposed to the risk of sexual trafficking and improve
the relevant legal and institutional framework.
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