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 67

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