aspects of social activities including employment. The definition of "country of origin"
includes not only a person's nationality in the past, i.e. a nationality before one is legally
entitled to Korean citizenship, but also current nationality in some cases. For instance,
unfavorably treating a person who has legally obtained Korean citizenship through
marriage or naturalization is discrimination based on country of origin. It is also deemed as
discrimination on the ground of country of origin when a person with foreign nationality is
treated unfavorably without reasonable cause in their exercising of certain basic rights
against Korean nationals or persons with other nationalities.
○ Restricting Eligibility of Mortgage Credit Insurance Against Migrants
Mr. P who has a New Zealand nationality and has been married to a Korean and
residing in Korea for eight years. He attempted to get a loan from OO in May 2010, yet the
credit guarantee insurance, the accused, rejected his application for guarantee insurance,
saying that migrants are not subject to the coverage of mortgage credit insurance (MCI,
hereafter "mortgage insurance") and he was not able to get a mortgage loan. Thus, he filed
a complaint alleging that this is discrimination against migrants without reasonable cause.
In response, the accused claimed that mortgage insurance determines those who are
eligible for the insurance based on credit rating of the borrower, yet migrants have
insufficient basic data necessary for calculating credit ratings, thus making it difficult to
conduct objective credit assessment by credit assessment institutions, so they are excluded
from borrowers eligible for the mortgage insurance. It also argued that the mortgage
insurance has many restraints on its eligibility even for Korean nationals, excluding
Korean nationals when it is difficult to conduct credit assessment for them, thus it is not
discrimination based on country of origin.
However, the Commission deemed that if it is considered not discriminatory to apply
different eligibility standards for the mortgage insurance for Korean nationals and foreign
nationals, there should be reasonable causes, including cases where it is impossible to
acquire credit information of the pertinent migrant or cases where even if it is possible to
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Part II. Major Activities of the Commission