NHRCK Expresses Regret on Deportation by the MOJ
Concerning a complaint filed on May 8, 2009 against a targeted clampdown on migrant workers and violence committed in the crackdown process, the National Human Rights Commission of Korea (NHRCK; Chairperson Kyong-Whan Ahn) recommended emergency relief on May 15, 2008 to the effect that the commissioner of the Korea Immigration Service suspend a deportation order against the concerned victims until completion of the NHRCK’s investigation.
However, the Ministry of Justice and the Korea Immigration Service expelled the victims without any prior notice to the NHRCK at about 21:30, May 15, 2008, the date on which its decision on the emergency relief was served on them. The NHRCK expressed strong regret against this action.
Prior to this case, notwithstanding that the NHRCK had been investigating a complaint involving three executive members of the Labor Union for Migrant Workers including its second chairperson, the Ministry of Justice deported the victims, who were well aware of the case, on November 27, 2007 without notifying the NHRCK of the specific schedule of the deportation. This seriously hampered the NHRCK’s investigation into the case, and the NHRCK accordingly expressed regret to the Minister of Justice.
With respect to the latest complaint involving the third chairperson of the Labor Union for Migrant Workers, the NHRCK was investigating whether crackdown on executive officers of the organization including its chairperson in different places at the same time constituted a targeted clampdown and whether there were any human rights abuses including violence in the process of their arrest. Currently, the establishment of the labor union is being disputed before the Supreme Court after the Ministry of Labor appealed a high court decision to revoke the return of a report on establishment of the union.
Although the NHRCK recommended that reservations be made regarding deportation of the victims until completion of the NHRCK’s investigation into the complaint, the Ministry of Justice and the Korea Immigration Service expelled the victims, causing a serious setback to the NHRCK’s investigation. Under these circumstances, the NHRCK expressed strong regret toward the Minister of Justice and the head of the Korea Immigration Service.