The NHRCK says that serious human rights infringements have occurred as a result of insufficient regulations of the crackdown process

The National Human Rights Commission of Korea (NHRCK) and Chairperson Hyun Byung-chul released an investigative report detailing cases of serious human rights violations against unregistered migrant workers on March 7, a follow up to their previous recommendation to the justice minister to outline stipulations for the process and conditions concerning crackdowns on migrant workers.

The NHRCK published an investigative report on Dec. 28 after visiting the Hwasung Detention Center, Cheongju detention center, Incheon Airport Immigration Office and Seoul Immigration Office from July 14 through 23. The NHRCK also distributed a survey to 436 inmates and interviewed 30 inmates.

According the investigative reports, it was revealed that the government officials leading the crackdowns did not follow the process stipulated by law, which includes the requirement that they must present their ID cards during the crackdown. In response to the question of whether the government officials presented their ID card, 163 (62.2 percent) out of 262 respondents replied ‘no.’ Additionally, in response to the question of whether the government officials presented the Urgent Detention Order, 186 (77 percent) out of 240 respondents said ‘no.’

According to Justice Ministry regulations, the government officials must present their ID cards before a crackdown. In addition, the Immigration Control Law stipulates that the government officials must present the Urgent Detention Order containing the reason for, place and duration of urgent detention when the government officials carry out an a crackdown.

It was also revealed that the nighttime crackdowns were frequent occurrences. When asked about the time of the crackdown, 83 respondents (24.5 percent) said between 6 p.m. to midnight, while 17 respondents (5 percent) said between midnight and 6 a.m. out of 341 total respondents. An NHRCK official said, “In consideration of the fact that the Criminal Procedure Code specifices lawful limitations to search and seizure after sunset and before sunrise, the law should also specify limitations to crackdowns during that period.”

The investigative report also pointed out that there were some cases in which government officials put handcuffs on migrant workers for an extended period of time exceeding periods permitted by law. When asked whether they were put in handcuffs, 268 (84.5 percent) out of 317 respondents said that they had been put in handcuffs for the entire duration of the crackdown. Additionally, 22 respondents (6.9 percent) said that the government officials had taken off their handcuffs, while 16 respondents (5 percent) said that they were not put in handcuffs.

An NHRCK official said, “The NHRCK recommended that the justice minister specify legal stipulations for the process and conditions concerning crackdowns on migrant workers January when they stated, ‘The current Immigration Control Law has in great part led to serious human rights infringements on migrant workers during crackdowns because it does not regulate crackdown procedures.”

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