National Human Rights Commission of Korea Annual Report 2019
C. Opinion Regarding Care Services for the Older Persons with Disabilities
who Require Assistance with Daily Activities
On July 5, the Commission expressed an opinion to the Chairman of the National Assembly
that the Act on Activity Assistant Services for Persons with Disabilities and the Long-term Care
Insurance Act should be revised so that handicapped seniors aged 65 years and older are not
disadvantaged in the use of services for daily activity assistance.
Further to this opinion, the Commission on September 5 recommended the relevant local
emergency relief requests were filed as they had become ineligible for those services because they
Key Activities
were 65 years and older.
Part 2
governments not to suspend care services for persons with most severe disabilities, from whom
D. Opinion Regarding Long-term Custody of Foreigners who Have
Applied for Refugee Status
On August 29, the Commission expressed to the Minister of Justice that it would be desirable to
offer alternative options for foreigners held in custody given that, for a significant period of time,
they are unlikely to be repatriated and do not pose a risk to the society while their application for
refugee status is being reviewed.
Under the Immigration Act, a foreigner protection center is a facility for short-term custody of
foreigners while their identity is being verified or they are awaiting deportation. However, some
foreigners awaiting a refugee status decision are being held in these facilities for a long period of
time. In accordance with Article 3 of the Refugee Act (Prohibition of compulsory repatriation), a
foreigner who is held in custody and awaiting refugee status decision cannot be forced to leave the
country against his or her will. Thus, until all procedures are complete in relation to refugee status
application, including all related proceedings, i.e., for a significant period of time, there is little
prospect of or plan for forced repatriation.
The Commission concluded that keeping these foreigners in custody for long risks amounting
to inhumane treatment, so the immigration authorities should come up with an alternative option
based on a full consideration of humanitarian grounds.
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