www.humanrights.go.kr
to their own country. Concerns have been raised, however, that contrary to their original intent,
these waiting rooms are often meager and substandard facilities that negatively affect the foreign
patrons who must wait for lengthy periods in overcrowded facilities.
Between 2013 and 2015, on average 33.9 percent of applications for refugee status were
turned down for insufficient justification to seek asylum. Also, the lack of formal objection
procedures has resulted in a significant number of foreigners staying in Korea for extended
periods while they are undergoing legal proceedings.
On 25 August, the Commission made recommendations to minimize the reasons for not
giving applications a screening in the Enforcement Decree of the Refugee Act, establish
basic treatment that applies to “refugee status applicants” under the Refugee Act during the
H. Recommendations to improve the physical examination
requirement for E-2 visa holders and to establish procedures for
effective implementation of the individual communications system
A foreigner with an E-2 visa for foreign language instruction who taught at an elementary
school was denied contract renewal by the Education Office in charge because the complainant
did not submit the results of his physical examination that included HIV test results. The
foreigner lodged an individual communication against Korea in accordance with the individual
communications system under the International Convention on the Elimination of All Forms of
Racial Discrimination.
In its view regarding the individual communication, the 86th Committee on the Elimination
of Racial Discrimination determined in May 2016 that the case presented possible racial
discrimination, and thus recommended, on 8 September, that the complainant be properly
indemnified for psychological and actual damages.
As a party to the International Convention on the Elimination of All Forms of Racial
Discrimination, Korea has the obligation to enforce the recommendations of the Committee
on the Elimination of Racial Discrimination in accordance with its Constitution and the
Convention on the Law of Treaties. However, the lack of institutionalized system such as
29
Commission's Major Activities
period that those denied refugee status are on trial.
Part II
procedures for filing a formal objection against a decision not to grant refugee status, and offer