Justice in 2009 was resulted from the accelerated procedures for the
recognition of refugee status to resolve the delay in the examination
process. Therefore, the NHRCK recommended modifying the statement,
“Since the establishment of the Nationality and Refugee Division … the
number of recognized refugees … increased significantly” as the current
state was not accurately delivered. However, the recommendation was not
reflected in the report.
Regarding paragraph 19 of the report, the NHRCK recommended
including the fact that the Constitutional Court differentiates between the
rights of nationals of the Republic of Korea and foreigners’ rights in order
to provide accurate information on the judicial measures related to the
implementation of the provisions of the Convention. However, the
recommendation was not reflected in the report.
With regard to paragraph 25 of the report, the NHRCK
recommended including that the Constitutional Court argues that only
Korean nationals are entitled to exercise not only political rights but also
fundamental social rights. However, the recommendation was not reflected
in the report.
Regarding paragraph 39 of the report, the term “Foreigners Residing
in the Republic of Korea” in the Framework Act on Treatment of
Foreigners Residing in the Republic of Korea referred only to those
foreigners legally residing in Korea. As civil society and experts have
strongly asserted that the Act does not display the large number of
undocumented migrants residing in the Republic of Korea, the NHRCK
requested including the argument in the report. However, the
recommendation was not reflected in the report.
Relevant to paragraph 50 of the report, there has been a growing
public sentiment that anonymity on the Internet may develop negative
attitudes toward foreigners. In this regard, the NHRCK recommended that
the report emphasize the importance of grasping the Government’s
attention in order to accurately address the problems. However, the
recommendation was not reflected in the report.
Relevant to paragraph 54 of the report, the Immigration Control Act
states that a foreigner, who is deemed to have committed any violation of
the Immigration Control Act, shall not refuse to respond without a probable
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