UPR Sexual Rights Database

National Report:
Para 68) The measures described in Paragraphs 66 and 67 are applied in the same manner to women migrant workers. They are also entitled to the same maternity protection as Korean workers, including prohibition of termination for pregnancy and delivery, and guarantee of maternity leave and childcare leave pay. When the circumstance is deemed necessary, they are allowed to stay for a period required to protect their motherhood after the expiration of their visas. When women migrant workers are investigated by authorities or detained in immigration facilities for the violation of immigration status, a female enforcement officer should be assigned to their cases to prevent any potential sexual harassment. When illegal migrant women are in the process of filing legal claims for remedy for human rights violation, including sex trade or sexual abuse, the deportation order is deferred and they are entitled to temporary residency.

Please note: Para 66) Migrant workers who entered the Republic of Korea under the Employment Permit System are entitled to the same protection as Korean workers pursuant to the relevant labor- related legislations such as the Labor Standards Act, the Minimum Wage Act, and the Occupational Safety and Health Act. The Act on the Employment and Others of Foreign Workers, among others, lays out the principle of prohibition of discrimination against foreign workers and their protection. The issue of transferring to a different workplace has been an ongoing concern under the Employment Permit System. With the amendment of relevant legislation passed in October 2009, transfer applications based on unfair treatment, withholding wages, and other reasons beyond the responsibility of migrant workers are accepted without restriction.

Please note: Para 67) In 2011, with a view to addressing work-related grievances of migrant workers, the Government opened a counseling center for migrant workers, which offers counseling services in ten different languages. In addition, more support centers for migrant workers were established to provide counseling services near their workplaces. As a way to ensure implementation of regulations on the rights of migrant workers, the Government carries out inspections at workplaces that hire a large number of migrant workers for their employment practices, conduct surveys on migrant workers, and monitors workplaces.

National Report:
Para 40) The Government is making efforts to prevent sexual violence and domestic violence by drawing up comprehensive measures through inter-ministerial cooperation to intensify punishment for perpetrators and to strengthen support for victims. In December 2012, the provision that stipulated sex offence as an offence that is punishable only by complaint was abolished. The sex offenders registration and notification system, which was set up to prevent recidivism, has been reformed to allow identification of sex offenders via mail notifications and smartphone applications. Consulting centres and shelters for victims of sexual violence are also being expanded, along with the expansion of free legal aid programs. Public Defender for Victims was adopted in 2012 and has been in operation since 2013 for all victims of sexual violence, providing legal support from the early stages of sexual assault response to investigations and trials.

UN Compilation:
Para 55) The Committee against Torture was concerned at the wide prevalence of violence against women, at the low number of complaints and prosecutions and at the conditional suspension of charges against perpetrators of domestic violence in exchange for education and counselling, which might amount to acquittal and failed to adequately protect the victims. It was concerned that marital rape was not included as a separate offence in the Criminal Act.

Stakeholder Summary:
Para 38) JS1 stated that the 2013 plan against domestic violence considered domestic violence as a private issue of persons involved, which does not require social intervention. The focus of the plan was to maintain a normal family life. The prosecution rate of domestic violence cases remained low. It stated that domestic violence was not properly punished and victims were exposed to continued threats.