Monday, March 21, 2011

Amendment to Immigration Control Act Proposed to Korean National Assembly


On December 30, 2008, a bill was introduced to the Korean National Assembly proposing an amendment of the Immigration Control Act. The bill seeks to establish the “legal basis to require foreigners applying for an employment visa to submit a criminal background check and health certificate” [1].
A complete translation of the reasons (제안이유) for the bill’s introduction is as follows: “Nowadays, the number of foreigners working in Korea is increasing, but a good many [Korean: 상당수] have previous convictions for drug and sexual crimes or carry infectious diseases. As we require measures to deal with the threat they pose to our society’s public order and our people’s health, we herein prepare the legal basis to require that foreigners applying for an employment visa submit a criminal background check and a health certificate.” [1]
E-2 visa holders are already required by the Korea Immigration Service to submit to drug checks, medical checks including an HIV test, and criminal background checks, however, the proposed bill states the revision would apply to “foreigners applying for an employment visa”. This is a markedly larger group of foreigners than just E-2 visa holders. Further, by becoming an Act of the National Assembly, it becomes much more difficult to challenge.
An identical bill was introduced to the National Assembly on October 24, 2007 (5 days after the arrest of Christopher Paul Neil on October 19, 2007), but consideration was delayed due to the BBK controversy, and it expired with the adjournment of the 17th session of the National Assembly.
The October 2007 bill was introduced by twelve Members of the National Assembly. The December 2008 bill was introduced by 18 Members and is said to represent a broad political consensus. It is scheduled for vote within the next two months. The bill (in Korean) is available in PDF from the Association for Teachers of English in Korea (ATEK). See below for contact information.
The Association for Teachers of English in Korea (ATEK) calls on the author(s) of this bill to provide their evidence that “a good many” (상당수) foreigners working in Korea have previous convictions for drug and sexual crimes or carry infectious diseases. Obviously, with the stringent checks being done on E-2 visa holders, they are not part of the “good many” foreigners mentioned. How many E-1, E-6, E-7, and/or C-4 visa holders have been discovered to have criminal convictions or infectious diseases? This evidence cannot be produced because it does not exist.
Names of the 18 Members introducing the December 2008 bill:
신학용 - 박기춘구본철송영선 - 안민석 - 김희철박종희 - 김우남 - 양정례
김종률 - 강성종 - 김충환심재철 - 박상돈 - 진성호원혜영 - 김성곤 - 강창일
Names of the 12 Members introducing the October 2007 bill:
신학용 - 강창일 - 박상돈 - 김태년 - 김영주 - 정봉주이계안 - 한광원 - 송영길김교흥 - 김부겸 - 홍미영

source: http://www.atek.or.kr/


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