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Driver's license test needs to be provided with various languages, including Arabic
Date : 2023.04.25 14:27:45 Hits : 846

National Human Rights Commission Korea Recommends Systemic Improvements to the National Police Commissioner and the Chairman of the Korea Road Traffic Authority



On 5 April 2023, the NHRCK recommended that the National Police Commissioner and the Director General of the Korea Road Traffic Authority amend relevant laws and regulations to take into account the special circumstances of refugees and humanitarian residents and require them to verify the authenticity of their foreign driver's licences with the embassy of the Republic of Korea in the country of issuance, and, if the authenticity of the foreign driver's license is confirmed, to consider it as a driver's license issued by an authorized agency of a country that recognizes domestic driver's licenses, and to provide the test in various languages including Arabic, in order to protect and promote the human rights of foreign residents in Korea. 


The complainant submitted a complaint to the NHRCK, arguing that it was unfair that Arabic-speaking refugees or humanitarian residents in Korea were unable to obtain a driver's licence because Arabic was not included in the driver's licence examination conducted by the National Police Agency and the Korea Road Transport Corporation.


 The Korea Road Traffic Authority said that it is not required by law to provide driver's license tests in foreign languages, but rather as a convenience to citizens, and currently offers English, Chinese, and Vietnamese. Whether or not the Korean driver's license test can be taken in a foreign language is a matter to be decided based on a comprehensive consideration of reciprocity between countries, the demand and cost of the foreign language, and the establishment of a safe road and traffic environment. Therefore, unless there are special circumstances, it is difficult to provide Arabic for the driver's license test. 


The National Police Agency replied that the inclusion of Arabic and other foreign languages in the examination should be carefully considered in view of the practical conditions, such as the considerable budget required for translation and reproduction of foreign languages.


The NHRCK rejected the complaint on the grounds that it was difficult to conclude that the failure to provide Arabic in the driving test constituted a violation of human rights, given that there was no legal obligation to provide the test in a foreign language under relevant regulations such as the Road Traffic Act, the selection criteria for providing foreign languages reflected reciprocity between countries and the demand for foreigners to obtain driving licences, and the victims were able to use their international licences for one year after entering the country.


However, the NHRCK found it necessary to review the policy recommendations under articles 19(1) and 25(1) of the National Human Rights Commission Act to determine whether they are consistent with the Constitution, the Refugee Act and international human rights standards such as the Convention relating to the Status of Refugees.


Article 36 of the Refugee Act provides that "a recognized refugee may be recognized with a qualification or part of a qualification equivalent to a qualification obtained in a foreign country, as prescribed by relevant laws and regulations" and Article 38 of the same Act provides for the exclusion of reciprocity by stating that "reciprocity shall not apply to a recognized refugee, notwithstanding any other law" for the purposes of Article 7 of the Convention relating to the Status of Refugees.


In addition, under Article 84(1)(3) of the Road Traffic Act, a person who holds a driving licence issued by an authorised body in a foreign country may be exempted from part of the domestic driving test if he or she is a recognized refugee under the Refugee Act. 


However, in order to qualify for a foreign driver's license and be exempted from part of the domestic driver's test under the above regulations, you must obtain an Apostille or embassy certification to prove the authenticity of your foreign driver's license.


  Since refugees are protected by other countries due to persecution in their own countries, it is very difficult for them to have their driver's license qualifications recognized by their embassies and be exempted from part of the domestic driver's license test, and in this case, they must obtain a driver's license again, but there is no support for Arabic translation and interpretation in the test.


 In view of the special circumstances of refugees and humanitarian residents, the NHRCK recommended that the relevant system be improved, including the introduction of a system to verify the authenticity of foreign driver's licenses, but first it is necessary to provide various languages, including Arabic, for the driver's license examination, and recommended that the National Police Commissioner and the Chairman of the Korea Road Traffic Authority improve the system in accordance with Article 19(1) and Article 25(1) of the National Human Rights Commission Act.


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