2. Migrants and Refugees
A. Human Rights Status 2022
As restrictions from COVID-19 were eased, the number of foreigners residing at the end
of Dec. 2022 was about 2.2 million, up from about 1.9 million at the end of the previous year.206)
In the future, it is expected that the proportion of foreigners residing in Korea will continue
to rise due to factors such as changes in the demographic structure. Migrants are a major
member of Korean society, and they have the right not to be discriminated against
unreasonably pursuant to relevant laws, including the Constitution, the National Human
Rights Commission of Korea Act, the Framework Act on Treatment of Foreigners Residing
in the Republic of Korea, and the Act on the Employment of Foreign Workers.
However, hatred and discrimination against migrants still remain in Korean society,
and the migrants' human rights problems may intensify as the number and diversity
of migrants increase in the future. The Ministry of Justice established the “Immigration
and Immigration Management System Improvement Implementation Team” as a
temporary organization in 2022 pursuant to the policy that a new organization dedicated
to immigration (tentatively named: Immigration Office) was needed to serve as a control
tower for the immigration policy.207)
Moreover, the government has an obligation to protect refugees as Korea is a country
that has joined the Convention on the Status of Refugees and the Convention on the
Status of Stateless Persons and enacted the Refugee Act. However, the low refugee
acceptance rate, various problems in the refugee review process, and the insufficiency
of the system for requesting and reviewing stateless people to grant nationality are still
not improved as of 2022, and the civil groups continues to criticize to guarantee the
right to apply for asylum and prepare specific policies for refugee settlement continues.
On the other hand, Korea ratified the Convention on the Elimination of Racial
Discrimination in 1978 and has been preparing and submitting reports on legislative, judicial
and administrative measures for the implementation of the Convention since 1980 pursuant
206) Ministry of Justice, Monthly Report of Immigration Policy Statistics – Dec. 2022, Jan. 19, 2023.
207) Donga Ilbo, MOJ’s first priority is establishing an organization to prepare Immigration Office, Nov. 8, 2022.
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