Part 5. Stronger protection of overseas Koreans’ human rights Overseas Koreans staying in the country are the largest group of migrants in the country [the number being 620,000, including those naturalized (80,000) in 2011]. They are included in most of the following categories: migrant workers, migrants married to Koreans, migrant children, refugees, stateless people, undocumented migrants, etc. They are said to feel strongly that they are victims of human rights infringement and discrimination due to the confusion in the country’s legal, systemic, and social aspect of their handling. The Act on the Immigration and Legal Status of Overseas Koreans (“Overseas Koreans Act”) applies to ethnic Koreans emigrating to foreign countries, including both before and after the establishment of the Republic of Korea, but its enforcement decree and rules do not apply wholly to Korean Chinese and Koreans in CIS countries and who account for a majority of overseas Korean migrants staying in the country. Under the Working Visit System, these people are allowed to stay in the country for up to 5 years and engage in 36 designated categories of low-skilled labor, although the Overseas Koreans Act stipulates that they be allowed to stay in the country freely. Restrictions are also put on them concerning unemployment relief, welfare benefit, and right to live with their family. Korean Chinese account for 87.3% of overseas Korean migrants staying in the country. Though they paid a lot of money and made considerable effort to enter the country, they do not enjoy the guaranteed right to stay in the country without worries, suffering from problems such as separation, dispersion, or breakup of their family. Part 5. Stronger protection of overseas Koreans’ human rights 65

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