H. Special Protection Measures (Articles 22, 30, 32, 33, 35, 36, 37(b), (c) and (d), and 38-40) Issue 33. Migrant children who are victims of child abuse 120. As no specific statistical data on the abuse of migrant children are available, it is difficult to confirm the number of child victims and the types of abuse, but some cases reported by the organizations to support migrant children and the local child protection agencies show that the migrant victims of child abuse are not properly protected. 121. According to the data submitted by the MOHW to the National Assembly in September 2016, the number of reports of suspected child abuse against migrant children had increased from 24 in 2013; to 64 in 2014; and to 94 in 2015. In particular, in the case of unregistered migrant children who do not have a stable status of sojourn, they are highly likely to be placed outside the state's human rights protection, because they are reluctant to report when they suffer child abuse and, even when it is confirmed that they have suffered child abuse, a proper remedial action is hardly taken about them. 122. According to Article 15 of the Child Welfare Act, when the head of a local government has found a child subject to protection in the local area under his/her jurisdiction or has received a request from the child's guardian, the head shall take protection measures, such as counseling, foster care or institutional care in a child welfare facility, for the best interests of the child. However, the Child Welfare Act does not have any provision which prohibits child welfare facilities from refusing to accept such child or imposes a sanction for such refusal. As migrant victims of child abuse are not Korean nationals and, therefore, are not the eligible recipients under the National Basic Livelihood Security Act, they are not eligible to the facilitybased benefits even when they are admitted to a protection facility and are often rejected by such facility as no government subsidy is available to the facility for the migrant children. In this regard, in December 2017, the NHRCK recommended that the Government should adopt the law which requires child welfare facilities to take an appropriate action to protect migrant victims of child abuse and imposes a sanction on any child welfare facility which refuses to admit a migrant victim of child abuse without a justifiable reason, and should work out a measure to provide a financial support to a child welfare facility which admits a migrant victim of child abuse. 123. The Government should adopt a system in which a status of sojourn is granted to an migrant child or his/her term of sojourn is extended in case the child is a victim of child abuse and the process to remedy his/her rights is in progress or the granting or extension of the status of sojourn is required for his/her recovery from the damage done. In addition, the Government should amend the relevant regulations to ensure that a proper protection measure is mandatory for a migrant child who is a victim of child 30

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