13th of December 2007, NHRCK was already conducting an investigation based on the complaint received on the 27th of November 2007. The Ministry of Justice deported the three union leaders at the same time, without giving any advance notice to NHRCK. In this regard, NHRCK immediately expressed regret at the action by the Ministry of Justice which disturbed the process of investigation by NHRCK about the complaint received. 91. There is a recent case which has raised concerns about the right to organize of migrant workers. Ninety one migrant workers submitted a statement of the establishment of the "Union of Migrant Workers in Seoul, Gyeonggi and Incheon", for which the head of the Seoul Regional Labor Office (SRLO) required supplementary documents for the establishment. The applicants failed to meet the requirement, and the SRLO head turned down the statement on the 3rd of June 2006, on the ground that the Union is largely composed of “illegal” foreigners not qualified to work. Then, the Union filed a suit calling for cancellation of the turn-down decision but the court of first instance dismissed the Union's application, ruling that the decision of the SRLO was legitimate. In contrast, the Seoul High Court, the court of second instance, revoked the earlier ruling and invalidated the SRLO decision to turn down the establishment statement. Currently, this case is pending in the Supreme Court. 92. The Government's Replies in this regard are simply about 'the hygiene management of the collective food service facilities', 'overcrowding' and 'fire-fighting facilities', but do not contain any information on the restrictions of personal liberty ("threats to their physical security" in the Question) within the detention centre, which is one of the critical questions regarding "the conditions within the detention facilities. 93. Currently, a protection facility for foreigners has a "protection zone", mobility in and out of which is strictly controlled. The protection zone has a separate iron-barred "room" in which the foreigners accommodated should stay even when they have a meal. In 2007 when there was a fire in Yeosu Immigration Office that left 10 foreigners dead, it was criticized that a protection facility which should serve as a processing centre for the foreigners awaiting deportation was being operated in a similar way to a detention centre. However, little progress has been made in terms of facilities and treatment. At this juncture, the Government should provide detailed information on whether there is any legal foundation to justify the operation of protection facilities in a similar way to detention centres and on whether it has a plan to improve the operational mechanism. 27

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