undocumented women migrant workers are to crimes such as sexual violence.
149. The relief system to provide aid to a crime victim to whom death or bodily
harm is caused by a criminal conduct finds its legal ground in the Crime
Victim Protection Act. However, Article 23 of the act states that, if a
foreigner is a victim subject to relief or a bereaved family member, this Act
shall be applicable only where the cross-guarantee agreement with the
relevant country exists.
150. Article 30 of the Constitution of the Republic of Korea gives shape to the
criminal injury relief fund under the Crime Victim Protection Act. Crime
victims' rights to claim aid is part of the most critical and fundamental rights of
human being, such as life and body and, hence, in nature, apply to foreigners
as well. Mexico and Switzerland, along with Korea, also define the right to
compensation of crime victims under their constitution and, accordingly, pay
foreigners the relief fund of which amount is equivalent to what is paid to their
citizens.
151. Spain and Canada, for example, are in the cross-guarantee agreement with
Korea; however, not a lot of Spanish or Canadians are residing in Korea and
their rates of victimization is also low. The Monthly Immigration Statistics,
December 2017: Korea Immigration Service shows that the largest group of
foreign nationals residing in Korea is Chinese at 46.7%, followed by
Vietnamese, 7.8%, Thai, 7.0%, American, 6.6%, Uzbek, 2.9%, and Filipino,
2.7%.
152. Most of the foreign populations, except Americans, suffer from substandard
social status in Korea, rendering them more susceptible to crimes. In 2016 and
2017 Chinese took up the largest share of foreign crime victims at 40.2%,
followed by Vietnamese at 35.6%, Cambodians at 5.7, Uzbeks at 4.6% and
Mongols at 3.4%.21
153. Given its strict demand for the cross-guarantee agreement, the Crime Victim
Protection Act seems inadequate to protect and rescue foreign nationals from
crimes, and, therefore, needs to be revised accordingly. In consideration of the
fact that the status of being undocumented residents actually exposed foreign
nationals to crimes as stated above, the Act should be applied to everyone in
this country regardless of their nationality in order to protect undocumented
immigrants, the most vulnerable to crimes.
21 The Research on Current Status and Improvement of Support for Foreign Crime Victims, p.50, by
the Korean Institute of Criminology in 2017
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