5. Prevention of industrial disasters and improvement of the remedial system A. Current status and problems • The Industrial Safety and Health Act stipulates the obligation of employers to conduct health checkup and industrial safety education for all workers, locals, and migrants alike, but some small-sized businesses, where a large portion of migrant workers work, sometimes fail to fulfill such obligations due to employers’ ignorance or financial difficulty. Moreover, in some cases, migrant workers fail to get proper compensation for injuries due to the language barrier. B. Domestic/International norms and realistic cases in major countries Contents Domestic norms - Concerning the protection of aliens under domestic laws, Article 6 (Effectuation of Treaties and International Laws and Guarantee of Aliens’ Status) of the Constitution and Article 4 (About Foreigners in Republic of Korea) of the National Human Rights Commission Act apply. - Please refer to Articles 4 and 5 (Duties of the Government and Business Owners) of the Industrial Safety and Health Act concerning industrial safety. - Concerning the language barrier problem in the provision of personal information, please refer to Article 9-3 [this clause stipulates that, in the provision of interpretation/translation service to a migrant, international marriage brokers should use the migrant’s mother tongue] of the Enforcement Rules of the Marriage Brokerage Business Management Act. International norms - Article 7 (b) of ICESCR stipulates “safe and healthy working conditions” among the rights of everyone to the enjoyment of just and favorable work conditions. - In Spain, the work conditions (e.g., wage, insurance, and work hours) set by the Labor-Employer-Government Commission apply to migrant Part 1. Stronger protection of migrant workers’ human rights 15