The National Human Rights Commission (NHRC) recommends to the Ministry of Justice that a female Chinese-Korean, Kim (49 years-old) who had been forcibly deported to China and has been prohibited from coming back to Korea, should be allowed to re-enter Korea.
The NHRC has recommended the withdrawal of prohibition on her entering into Korea in regards to the complaint that her husband had filed against Daegu Immigration Office, which is under the jurisdiction of the Ministry of Justice. The Chinese-Korean, Kim entered Korea in 1995 with a fake passport and she fled to other workplace without permission while she was working as an industrial trainee at a textile mill around Daegu. After that, Kim ran a cafe and was arrested and deported for forging official documents. She had re-entered Korea and had been running a cafe illegally until she was unveiled by an officer and was finally deported in November 2000.
After re-entering, she had gotten married to Mr. Kim, a 56 year-old Korean, and had stayed with him until August 2002. Even though she had received a new visa (F-2-1, 090) as the spouse of a Korean citizen, after she had gotten married she was deported a third time in August 2002, because she had violated Article 11 (Prohibition, etc. of Entry) and Article 17 (sojourn and activity scope of Foreigners) of the Immigration Control Act.
The NHRC concluded that her deportation from Korea is legal according to the Immigration Control Law; nevertheless, the prohibition on re-entering Korea should be withdrawn for humanitarian reasons.
The NHRC found out by the family of the complainant and neighbors that their marriage life has been real, not a fake marriage. In reality, Mrs. Kim has been waiting until now at an inn in Beijing since she had been deported from Korea and Mr. Kim has been visiting China in order to try to keep their marriage and to beg immigration officials to allow her to enter Korea.
The NHRC conclude to recommend in the basis of the mentality of Constitution and International Human Rights Law. Paragraph 1 of Article 36 under the Constitution provided; “Marriage and family life shall be entered into and sustained on the basis of individual dignity and equality of the sexes, and the State shall do everything in its power to achieve that goal."
Moreover, the International Covenant on Civil and Political Rights stipulates that " the family is the natural and fundamental group unit of society and is entitled to protection by society and the State." International Covenant on Economic, Social, and Cultural Rights provides that "the widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of sociey, particularly for its establishment...".
