and other relevant legislation so that the reasons for the decision not to refer a refugee status application to
the deliberation process should be minimized to non-compliance with formal requirements and that all
applications should be referred to the deliberation process, except for the cases where it is apparent that the
applicant concerned is not a refugee. However, the Ministry of Justice refused to accept the NHRCK’s
recommendation, saying that if the reasons of not-to-refer decision are minimized to non-compliance with
formal requirements, the Ministry is concerned that those who find it difficult to enter this country in a
lawful manner might take advantage of refugee status application scheme, and as a result current national
border security system could collapse.
Questions suggested
41.
Please specify the current situations of the policy measures that the Government has carried out to
support refugee status applicants for the living cost, residence and medical services and to guarantee their
education since the enactment of the Refugee Act.
42.
Please specify the reason why the Government refused to accept the NHRCK’s recommendation of
25 August 2016 concerning not-to-refer decision of refugee status applications and the Government’s views
about the possibility that the recommendation may be accepted in the future.
Issue 8: E-6 Visa (Entertainment) and Trafficking in Persons
Current status
43.
According to the ‘Survey on Human Rights Situations of Immigrants on E-6 Visas’ conducted by
the NHRCK in 2014, the foreigners who entered Korea on E-6 visas were exposed to serious human rights
infringements: 50% of them experienced violations of labour standards; 46% had their passports seized; and
23% were forced into prostitution.
44.
In June 2016, the NHRCK made its ‘recommendation on the indicators for identification and
protection of the victims of human trafficking’ to the Government, suggesting 27 identification indicators
which concern the acts done, the means, the purpose, etc. and 15 protection indictors including the measures
concerning the police and the immigration service, all of which have been developed by the NHRCK by
referring to the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children and the human trafficking indicators; and, at the same time, by adapting the indicators to the
real situations in Korea.
Questions suggested
45.
Please submit detailed explanations and statistical data on how the joint government inspections and
crackdowns have been carried out to prevent and detect human rights violations against foreign women who
have entered Korea on E-6 visas, including their exposure to prostitution; the outcomes of the inspections
and crackdowns; and the follow-up measures.
46.
Concerns are raised about the possibility that those who enter Korea on E-6 visas and then are
exposed to prostitution against their own will may be punished as perpetrators, instead of being treated as
victims of human trafficking. Please provide statistical data on the people who, after arriving in Korea on E-6
visas, were criminally booked for having committed a crime of prostitution, and give a detailed explanation
on whether the Government is considering any remedies to ensure that such people are treated as victims of
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