VIII. Migrants and Refugees 1. Human Rights of the Foreigners Living in Korea (91-92) 87. The purpose of the Act on the Treatment of Foreigners in Korea is to facilitate foreigners' adaptation to the Korean society and create a social environment for mutual understanding and respect between Korean nationals and foreigners. This Act contains fundamental but abstract provisions, including the ones that obligate the Government to formulate policies about the foreigners living in Korea and endeavour to improve their treatment. However, the definition of the term 'foreigners living in Korea' in the Act, unlike its ordinary meaning, excludes undocumented foreigners, and there are no specific provisions about the enjoyment of the economic, social and cultural rights by "non-nationals". In this light, the Government's Replies need to clarify further on how the rights of 'non-nationals' are protected under individual laws and institutions. 2. Deportation of Migrant Workers and Poor Conditions in Detention Centres (183-186 and 239-241) 88. The Immigration Control Act in force requires that when a responsible public official detects an offender of any immigration regulation while in performing his/her duties he/she should report it to the jurisdictional immigration office without delay. This requirement impedes the remedies for undocumented foreigners, including settlement of unpaid wages. In response, NHRCK recommended on the 20th of February 2003 that 'the reporting obligation of the public officials responsible for the work of rights remedies of foreign workers should be relaxed and the minimum procedures for rights remedies should be offered lawfully even to undocumented foreigners. Similar recommendations were made later on several occasions. 89. The Ministry of Labor established the 'guidelines on handling the complaints by foreigners' and had taken a 'remedies first, reports later' approach so that undocumented foreigners would be reported to the immigration office once their remedial procedures, including the one to settle unpaid wage, are completed. But these guidelines were repealed in June 2008, raising concerns that the Government is paying less attention to protection of the rights of undocumented foreigners. 90. When the deportation of the three executives of the Migrant Workers' Union on the 26