B. Domestic norms
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of
Aliens’ Status) of the Constitution and Article 4 (About Foreigners in
Republic of Korea) of the National Human Rights Commission Act
apply.
- Ref. regarding overhauling the regulation of requirement and procedure
for crackdown: Article 10 (Right to Pursue Happiness) and Article 12
(Corporate Freedom) of the Constitution; Articles 73, 85, 87, 88,
200-2/3/5 (requirements for arrest and relevant procedures) of the
Criminal Procedural Act; Article 3 (Requirements for Crackdown and
Relevant Procedure) of the Act on the Performance of Duties by Police
Officers
C. Core agenda items for promotion
Ⅵ-2-1. Crackdown and “protection” are grave restriction on the liberty and
security of a person and are similar to arrest and detention of criminal
procedure in essence. Their grounds and process should be regulated as
with the criminal procedure, and judicial review on these should be
strengthened.
Ⅵ-2-2. Night-time crackdown, crackdown carried out without prior consent
from the employer, and crackdown carried out through residential
trespassing should be stopped, and observance of due process and
prevention of human rights infringement should be ensured.
Ⅵ-2-3. Periodic human rights education should be strengthened for immigration
Part 6. Stronger protection of undocumented immigrants’ human rights
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