Ⅱ-3-5. The government should improve the identification reference system,
which requires the consent of the Korean spouse to extend the status of
stay of his/her non-Korean spouse, to upgrade the current dependent
standing of migrants married to Koreans and prevent domestic violence.
4. Social insurance benefit for migrants married to
Koreans; establishment of social safety network
A. Current status and problems
• As for a migrant woman married to a Korean, the National Basic Living Security
Act protects only “the person him/herself or his pregnant spouse and who is
raising a minor child with Korean nationality or sharing livelihood or dwelling
with his/her spouse’s lineal ascendant with Korean nationality” (Article 5-2). As
a result, said law does not protect certain married migrant women who have
with no children or who fled to a shelter due to domestic violence. A migrant
woman married to a Korean has difficulty opting for divorce despite problems
with her Korean spouse. Even if she opts for divorce due to domestic violence,
she has difficulty living on her own financially, which means she can hardly
have her child custody right or right to access recognized. It is known that more
than 40% of migrant women who considered divorce could not opt for divorce
due to their children, showing that they are in a disadvantageous position in
terms of child custody right and ability to earn a living. To provide migrants
married to Koreans live as decent humans, the social security system should
be revised with focus on the protection of individuals’ human rights.
Part 2. Stronger protection of human rights of migrants married to Koreans
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