The National Human Rights Commission of Korea (NHRCK) is going to make recommendations that the Ministry of Justice 1)take appropriate remedial measures for the best interests of undocumented migrant children in Korea in accordance with the United Nations Convention on the Right of the Child (CRC), 2) create an applicable provision in the Enforcement Decree of the Immigration Control Act to prevent unregistered immigrant children from being evicted alone, and devise measures to prevent the recurrence of a similar incident.
An undocumented migrant child who was attending high school in Korea was caught by the police on October 2nd in 2011, and was sent to an immigration control office and then to a foreigner protective facility before he was evicted all by himself to his native country, Mongolia, on October 5th of the same year. .
The NHRCK reached a conclusion that the decision to evict the victim was in violation of the CRC and human dignity guaranteed by the Constitution based on its findings as following:
△ The victim was given false information such as an appeal and a cancellation of protection. For example, the victim was not properly informed about the fact that his appeal to the eviction decision should be reviewed without any due according to the enforcement decree.
△ The victim’s school was not contacted by any authority about the victim’s whereabouts or well-being.
△ The authority in question did not consider his status as a student and the need for him to maintain his education.
△ The authority did not take into consideration how the victim would be protected or treated once he is sent back to Mongolia alone.
