2008.08.19
The NHRCK recommended that the Minister of Justice amend ‘The Guidelines and Provisions for Overseas Koreans Resident Status’ which regulates, in the interest of the right to equality, the legal status of stay by Koreans in select countries with a high number of citizens with illegal status, such as China, Russia etc.
The petitioner, Reverend KIM Hae-Sung (Representative of Migrant Workers’ House) made an appeal to the NHRCK on November 8, 2007 on the basis that particularly overseas Koreans who have Chinese and Russian nationalities are being limited on their residency qualifications to only a minority of elites such as representatives of overseas Koreans associations, permanent residents of OECD member nations, professionals and persons with doctoral degrees, etc.
The Ministry of Justice put limitations on resident status provisions of overseas Koreans who have Chinese and Russian nationalities but after it fully amended ‘The Guidelines and Provisions for Overseas Koreans Resident Status’ on January 3, 2008, it gave restrictive resident status to only professionals from these countries.
Following the NHRCK’s investigation, it was confirmed that it is reasonable for the Ministry of Justice to set resident status restrictions to overseas Koreans from countries with a high number of illegal status. However, the NHRCK determined that resident status qualifications should not be applied uniformly but should be based on individual ability and skill, under the principle of equality.
