As a result, problems such as education of their children who are left in China and crisis of social communities have emerged as well. Many of the Korean Chinese who are able to speak Korean work in the service industry, encountering many Koreans, experiencing discrimination and prejudice, and feeling a considerable sense of deprivation. Although it has been pointed out that the Overseas Koreans Act is not consistent with the principle of national treatment, which is a general principle of international laws, such measures taken by said Act to consider the distinct and individual characteristics of an ethnic group -- which suffered the historical loss of its national sovereignty and ethnic oppression during such loss, thereby requiring restitution - are recognized by the international community. Ethnic Koreans in China or CIS countries who are suffering from restrictions of their rights guaranteed by the Overseas Korean Act are eligible to receive preferential treatment of historical restitution, and there is a need for a human rights-based review on policies and rules discriminating against them. 1. More stringent protection of human rights of overseas Koreans A. Current status and problems • The February 9, 2004 amendment of the Overseas Koreans Act, which passed the National Assembly, stipulates that even those who left the country prior to 1948 (the year when the South Korean government was established) and their ascendants and descendants be viewed as overseas Koreans. Article 23 (3) of the Enforcement Decree of the Immigration Control Act stipulates that overseas Koreans shall not be granted preferential treatment as ethnic Korean if they 66 Human Rights Guidelines on Migration