which was the main content of the bill, did not suit the current Civil Code system. Also,
when applied, it would make it difficult to define the actual conditions and would
discriminate against marriage migrants acquiring nationality and migrants depending on
national income of their origin country. Therefore, the Commission concluded that it is
desirable to introduce the practical legal support measures such as expanding legal aid,
rather than special provisions on burden of proof.
20) Recommendation to Improve Industrial Safety and Health Education for the
Right to Heath of Foreign Workers
In December 2010, the Commission concluded that it was desirable to reinforce the
current industrial safety and health education standards based on Article 11 of the
Enforcement Regulations of the Act on the Employment of Foreign Workers, which were
applicable to foreign workers, and included the industrial safety and health education for
employers prescribed in Article 13 of Notification of the Ministry of Employment and
Labor No. 2010-8 (Regulations on the Operation of Private Employment Education
Institutions for Foreign Workers).
Accordingly, the Commission recommended to the Ministry of Employment and
Labor to revise the relevant regulations to ensure effect education by allowing foreign
workers to receive additional industrial safety and health education after a certain period
of time following deployment in the workplace, in addition to the initial industrial safety
and health education prior to their deployment as provided on Article 11 of the
Enforcement Regulations on the Act on the Employment of Foreign Workers. It also
recommended to the Ministry to add clauses on the industrial safety and health to
Article 13 of Employment and Labor Ministry Notification No.2010-8 (Employer
Education) to ensure that employers of foreign workers clearly recognize and comply
with regulations on industrial safety and health, such as industrial accident risk factors
in the workplace.
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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