National Human Rights Commission of Korea Annual Report 2020
then that is a matter of right to self-determination, personal rights, and right of reputation. Thus, it
concluded that the appeal in the petition constitutes a violation of human rights.
E. State Organizations, Local Governments, and Public Servicerelated Organizations
■ Human rights violated due to forced departure of undocumented children whose
parents have overstayed their visas
On March 31, the Commission recommended the Minister of Justice to stop unconditional
deportation of undocumented children whose parents have overstayed their visas, to establish
policies to enable them to apply and get screened for stay should they want continuous sojourn
in the country, and to positively examine granting them stay status by exhausting all available
procedures under current laws and regulations, before changes are made to the relevant laws.
Though they are born in Korea, use Korean as their mother tongue, go to regular Korean
schools, and have a Korean identity, the victims (17 and 18 years) become, regardless of their will,
subject to forced departure once the grace period for departure comes to an end.
The Commission recognized the authority of the Ministry of Justice to make the decision to
order forced departure of the victims, but because the personal disadvantage posed on the victims,
who have established themselves only in the Korean society, is clearly greater than the public
benefit achieved by enforcing the order, it is a violation of human dignity and pursuit of happiness
to force them to leave the country against their will just because there are no permanent laws or
regulations to grant them stay status.
■ Human rights of foreigner in detention center violated with use of restraints
without legal basis
Based on the conclusion that the use of restraints without any legal basis constitutes a
violation of the freedom of action, human dignity and value, the Commission on April 22 made
recommendations to the Minister of Justice to prevent the recurrence of such practices.
The petitionees isolated the petitioner who is in an immigration detention center for the reason
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