engage in “menial labor” (low-skilled labor) in the country. It has been pointed
out that said clause discriminates against ethnic Koreans in China or CIS
countries, many of whom are engaged in low-skilled labor activities. The
government adopts policies designed to enhance the human rights of overseas
Koreans from time to time, but the need to formulate a comprehensive policy
for them has been raised. Thus, the government should conduct a status survey
of the overall human rights situation concerning them.
According to a survey, the working visit (H-2 visa) system, which is aimed at
promoting the rights of ethnic Koreans, restricts the period of stay to 5 years,
permits only 36 types of low-skill occupations, and requires those from specific
countries to take the Test on Proficiency in Korean.
B. Domestic norms and cases in major countries
Contents
Domestic
norms
- Ref. Article 2 (2) (Obligation of the State to Protect its Citizens Abroad),
Article 10 (Right to Pursue Happiness), and Article 11 (1) (Right to
Equality) of the Constitution
- Act on the Immigration and Legal Status of Overseas Koreans
- Article 2 (3) (defining the term “discriminatory act of violating the right
to equality”) of the National Human Rights Commission Act
Cases in
major
countries
- Looking at Japan, the country enacted the Act on Measures for
Expediting the Smooth Return of the Remaining Japanese in China and
for Assistance in Self-Support after Their Permanent Return to Japan in
1994. Under the law, the Japanese government adopted a program for
the return home of Japanese orphans left in China. Under the amendment
of the Immigration Control Act in 1990, the second and third generations
of Japanese Brazilians who left country voluntarily and their families
were issued a visa for permanent resident in the country with no
restrictions on jobs. Children of returning Japanese, such as the Japanese
Part 5. Stronger protection of overseas Koreans’ human rights
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