specifies their objective conditions, such as those with difficulties in performing given jobs due to physical and mental disabilities pursuant to the Act on the Improvement of Mental Health and Support for Welfare Services for Mental Patients (hereinafter referred to as the Mental Health Welfare Act); that relevant evaluation criteria and procedures must be clearly provided as review regulations; and that remedial procedures, such as opportunities for explanations and hearings, must be offered for those found to be disqualified. On April 19, we recommended that the Minister of Justice end the practice of suspending the departure of foreigners such as children of undocumented migrants for the reason of unpaid fines. We also recommended compliance with original fine imposition procedures such as written notification in principle as well as the introduction of applicable provisions and systems to accelerate the process when it is deemed inevitable to impose a fine at ports of entry and departure. Pursuant to Article 79 of the Immigration Act, when foreigners under the age of 17 fail to apply for permission for the attainment of status of stay or for the extension of the period of stay, their parents or legal guardians are obligated to apply for such permission. Children and their legal guardians in violation are to be imposed with a fine of up to KRW 1 million and suspended from leaving Korea when this fine is not paid. We viewed that the suspension of departure of foreigners, including the children of migrant families, due to unpaid fines is a restriction of their freedom of departure guaranteed by international human rights conventions and customary international law and that their failure to pay fines, which are imposed for a violation of a public order, does not qualify as reasonable grounds for the suspension of departure in accordance with Article 79 of the Immigration Act. Furthermore, as the children of migrant families are not fine defaulters, we judged that it is unjustifiable to suspend the departure of such children due to unpaid fines and a restriction of their freedom of departure without legal grounds. National Human Rights Commission of Korea Annual Report 2018 43 Part 2 | Commission's Major Activities D. Recommending Discontinuation of the Practice of Suspending the Departure of Children of Undocumented Migrants, etc., on the Grounds of Unpaid Fines