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 8) As for the treaties that the Republic of Korea has not ratified, the government commissioned research projects have been carried out on ... the OP-ICESCR.

National Report:
Para 18) The crime of indecent act stipulated under Article 92-6 of the Military Criminal Act does not intend to impose criminal punishment by reason of one’s sexual orientation, but is set out to uphold military order and discipline, taking into account the nature of communal living in barracks. The Constitutional Court has also ruled several times in favour of the constitutionality of the concerned provision for this reason. Nonetheless, an amendment bill to abolish the provision has been submitted to the National Assembly and the Ministry of National Defence is considering the necessity of the amendment.

Stakeholder Summary:
Para 28) AI reported that the Military Criminal Act continued to punish consensual sexual activity between people of the same sex in the military. Gay men faced considerable difficulties in fulfilling their military obligations free from violence, bullying or verbal abuse.