UPR Sexual Rights Database

National Report:
Para 59) The Government provides services to migrant women who are victims of domestic violence through the Emergency Support Centre for Migrant Women, founded in 2006. Since 2014, the services became available in 13 different languages. Since April 2014, through the Danuri Helpline, the Government provides a one-stop emergency counselling service on life in Korea and domestic violence report. The Shelter for Migrant Women provides safe protection to migrant women who are victims of domestic violence and their accompanying children and provides assistance for counselling, medical treatment, legal advice, and departure. The average number of persons protected at the centre increased from 17 in 2008 to 271 in 2016. Furthermore, special provisions are written into the Immigrant Act to permit extension of a migrant’s stay in the ROK if the person is a victim of domestic violence, sexual violence, human trafficking, or other forms of violence committed in the country and is in the process of seeking a trial, an investigation by an investigative agency, or other medical procedures, so as to enable the victims to resort to judicial proceedings with confidence.

UN Compilation:
Para 55) ... The Committee on the Elimination of Racial Discrimination noted that migrant women who were subject to domestic and/or sexual violence often did not report such crimes due to fear of losing their legal resident status.

Stakeholder Summary:
Para 12) Female migrants holding E-6 visas (arts and entertainment) were reportedly facing high risk of being exposed to sexual exploitation.
Para 77) ... JS2 stated that female migrant workers frequently suffered from sexual harassment and violence.

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.