or “underground black work” and are constantly exposed to various human rights
infringements such as sexual harassment, sexual violence, and discrimination in
wages. The problem of human rights situation of undocumented migrants in this
country is that many migrant workers who entered the country through a lawful
procedure become undocumented, and that their status as undocumented ones
is overlooked implicitly due to the migrant policy and the needs of the labor
market. There is a need to form social consensus on legalizing undocumented
migrants into documented ones considering the positive factors that will be
brought about by the change, including protecting their human rights, putting
an end to the underground economy, and increasing tax collection.
B. Domestic/International norms and realistic cases in major countries
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of
Aliens’ Status) of the Constitution and Article 4 (About Foreigners in
Republic of Korea) of the National Human Rights Commission Act
apply.
- Ref. Article 10 (Right to Pursue Happiness) and Article 11 (1) (Right
to Equality) of the Constitution; Article 2 (3) (defining the term
“discriminatory act of violating the right to equality”) of the National
Human Rights Commission Act
- Article 69 of the Migrant Workers Convention stipulates that “The
State’s Parties shall, when there are migrant workers and members of
their families within their territory in an irregular situation, take
International
appropriate measures to ensure that such situation does not persist.”
norms
- Article 8 (1) and (2) of ILO’s Migrant Workers Convention
(Supplementary Provisions) 1975 (No. 143)) stipulates that “On
condition that he/she has resided legally in the territory for the purpose
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Human Rights Guidelines on Migration