- In December 2016, the NHRCK recommended to the Ministry of Employment and Labor to equally
protect the working conditions of domestic workers in informal sector and take legislative measures in
this regard including making an amendment of the Labor Standard Act.
2) Questions
- Please specify stance on application of the Labor Standard Act to protect the labor right of the
domestic workers.
- Please provide detailed plans to include the workers in the special forms of employment(e.g. de
pendent self-employment) in the scope of workers under the Trade Union and Labor Relations A
djustment Act to enhance their working conditions and to practically guarantee three labor right
s.
31. Refugees and Refugee applicants
1) Current Status
- According to the status of refugee application by offices of the Ministry of Justice in 2016, the Seou
l Immigration Office has received 6,224 out of 7,542 applications. The Seoul Office has 22 people in
charge, so more than 280 refugee applicants per one public officer, showing severe lack of person in c
harge of refugee application.
- In addition, the issue of interpretation in the process of refugee status determination has been continu
ously raised. In recent years, the court canceled the decision on non-recognition of refugee as it turned
out that certain interpreter and immigration officer had prepared false interview reports 20.
- An objection against the decision on non-recognition of refugee can be filed, but the Refugee Commi
ttee in charge of deliberation of objection is being criticized for having lack of independence, expertis
e, and transparency.
- The Refugee Committee, composed of 15 members, conducts its deliberation based only on papers w
ithout having hearing procedures, and the Committee deals with a large number of cases at once in ea
20
12 October 2017, Seoul Administrative Court, 2017Gu-dan4294, 27 June 2018, Seoul High Court,
2017Nu47245