13th of December 2007, NHRCK was already conducting an investigation based on the
complaint received on the 27th of November 2007. The Ministry of Justice deported the
three union leaders at the same time, without giving any advance notice to NHRCK. In
this regard, NHRCK immediately expressed regret at the action by the Ministry of
Justice which disturbed the process of investigation by NHRCK about the complaint
received.
91. There is a recent case which has raised concerns about the right to organize of
migrant workers. Ninety one migrant workers submitted a statement of the
establishment of the "Union of Migrant Workers in Seoul, Gyeonggi and Incheon", for
which the head of the Seoul Regional Labor Office (SRLO) required supplementary
documents for the establishment. The applicants failed to meet the requirement, and the
SRLO head turned down the statement on the 3rd of June 2006, on the ground that the
Union is largely composed of “illegal” foreigners not qualified to work. Then, the Union
filed a suit calling for cancellation of the turn-down decision but the court of first
instance dismissed the Union's application, ruling that the decision of the SRLO was
legitimate. In contrast, the Seoul High Court, the court of second instance, revoked the
earlier ruling and invalidated the SRLO decision to turn down the establishment
statement. Currently, this case is pending in the Supreme Court.
92. The Government's Replies in this regard are simply about 'the hygiene management
of the collective food service facilities', 'overcrowding' and 'fire-fighting facilities', but
do not contain any information on the restrictions of personal liberty ("threats to their
physical security" in the Question) within the detention centre, which is one of the
critical questions regarding "the conditions within the detention facilities.
93. Currently, a protection facility for foreigners has a "protection zone", mobility in
and out of which is strictly controlled. The protection zone has a separate iron-barred
"room" in which the foreigners accommodated should stay even when they have a meal.
In 2007 when there was a fire in Yeosu Immigration Office that left 10 foreigners dead,
it was criticized that a protection facility which should serve as a processing centre for
the foreigners awaiting deportation was being operated in a similar way to a detention
centre. However, little progress has been made in terms of facilities and treatment. At
this juncture, the Government should provide detailed information on whether there is
any legal foundation to justify the operation of protection facilities in a similar way to
detention centres and on whether it has a plan to improve the operational mechanism.
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