undocumented migrants, receive primary and secondary education by
amending and implementing the Enforcement Decree on the Primary and
Secondary Education Act in October 2010. Therefore, regarding paragraph
115 of the report, the NHRCK recommended including this fact in the
report and the recommendation was reflected.
Regarding paragraph 44 of the report, the NHRCK conducted the
‘Study on the Status of Educational Rights of Migrant Children (hereinafter
referred as the “study”)’ in 2010. The study highlighted the importance of
implementing various measures, such as developing various programs to
strengthen migrant children’s access to public education, exempting public
education officials from the duty of public servants to report undocumented
aliens (the Ministry of Justice currently aims to make amendments
regarding the exemption of the reporting obligation), offering the
specialized Korean language education for migrant children, providing
tailored education that concerns the background of migrant children, and
preparing precautions against migrant children’s drop-outs. In an effort to
accurately capture current issues, the NHRCK requested such measures
based on the study to be included in the report. However, the
recommendation was not reflected in the report.
Relevant to paragraph 85 of the report, two undocumented migrants
related to a foreign workers’ union were arrested and forcefully deported
by the Immigration Office in December 2007. The deportation occurred
during the NHRCK’s investigation. Thus, regarding this case, the NHRCK
recommended the Ministry of Justice to come up with measures to respect
the rights to counsel for undocumented foreigners, revise laws and
regulations to protect the rights of foreigners and enforce deportation in
line with penal due procedures, and postpone the enforcement of
deportation until the NHRCK finishes its investigation. The NHRCK
suggested incorporating this case in the report. However, the
recommendation was not reflected in the report.
Paragraph 121 of the report concerns the NHRCK’s investigation on
foreigners. In January 2008, the NHRCK discovered that the head of a
migration detention center did not accept a petition to the NHRCK filed by
a foreigner. The NHRCK concluded the case as violating human rights and
urged preventive measures in this regard. Moreover, the NHRCK requested
the Ministry of Justice to rectify the unlawfully entering the working places
where migrants are working and to stop exerting excessive force in October
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