Gist of Complaint
The complainant, known as Kim, and the Korean-Chinese victim, known as Kim, are a legally-wedded couple who reported their marriage in China on May 23, 2002 and in the Republic of Korea on June 24, 2002. On August 19, 2002, said victim was deported from the Republic of Korea due to two illegal sojourns as well as for engaging in activities outside of the conditions of her stay in the country. The victim is now barred from entering the country. The complainant hopes that entry by the victim into the country will be permitted at the earliest possible date so that they may maintain their marriage in a normal fashion.
Determination and Judgment by the Commission
The victim was deported from the Republic of Korea twice for using a passport with a false name. Furthermore, the victim was deported from the country as a result of running a coffee shop, which was not permitted under the conditions of her stay. It is acknowledged that the complainant and victim remain married legally and virtually. Since their marriage is deemed genuine, it was determined in November 2002 that lifting the prohibition on the victim's entry into the Republic of Korea would be reasonable because it would be in accordance with the government's obligation to accord the widest possible protection to the family under Article 10(1) of the International Covenant on Economic, Social and Cultural Rights, and the government's obligation to guarantee that family life will be sustained on the basis of individual dignity under Article 36(1) of the Constitution of the Republic of Korea.
