A/HRC/4/24/Add.2
page 9
28.
The authorities increased the control and expulsion of irregular migrants and engaged in a
series of operations to arrest, detain often in very poor conditions and deport all irregular migrant
workers who remain in the Republic of Korea. In addition, it was reported that in many cases,
irregular migrant workers who have suffered long-term or permanent injuries as a result of
industrial accidents have reportedly been forced to leave the Republic of Korea immediately
after medical treatment without compensation.
29.
By October 2005, more than 30,000 irregular migrant workers had reportedly been
deported. Regular documented migrant workers have also been detained and interrogated by
immigration officials in an effort to get them to reveal the whereabouts of irregular
undocumented migrant workers.
30.
As of December 2006 there were at least 189,000 undocumented migrants workers, more
than half of the migrant worker population in the Republic of Korea.4 A number of them, the
irregular migrant workers, had overstayed their visas, some migrants interviewed by the Special
Rapporteur had been living in the Republic of Korea for more than 10 years without any
document under a constant threat of deportation. However, as there was still a high demand for
labour, particularly in small and medium enterprises, and because they were long term migrant
workers with a good knowledge of the Korean language and better work skills their presence was
tolerated.
31.
The deportation of irregular migrants’ children is also an issue of particular concern.
On 21 August 2006 the Ministry of Justice released a new policy regarding undocumented
migrants’ children. Undocumented migrants’ children who are enrolled in elementary school are
required to report their irregular status within the reporting period from 1 September 2006
to 30 November 2006 and will be given special stay permission. Those who reported their
irregular status are allowed to stay until the end of February 2008. However, those who are
supposed to graduate in February 2007 may stay until 30 days following the graduation date of
the elementary school. This special permission will not be given to those who do not report and
will therefore be deported. Under the current Nationality Act which is based on jus sanguini, the
children of foreigners residing as workers in the Republic of Korea are prohibited from obtaining
Korean nationality even if the children were born in the Republic of Korea.
III. WOMEN MIGRANTS IN THE REPUBLIC OF KOREA
Female migrant workers
32.
Female migrant workers now constitute approximately one third of migrant workers in
the Republic of Korea. They are frequently under threat of sexual harassment and abuses in the
workplace and their average income is lower than that of male co-workers. Undocumented
female migrant workers do not report violence perpetrated against them out of fear of arrest and
deportation.
4
Around 360,000 migrant workers - or 1.5 per cent of the workforce - were believed to be
working in South Korea as of June 2006, based on government and NGO figures.