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 33

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