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Accurately A right to get an education for

migrant children
The migrant children in Korea mean ‘at least one of parent notice obligation system under the Immigration Control Act if
has stayed as registered or unregistered migrant workers in a teacher gets to know the fact that a student and parent are
Korea or one less than 18 years old who enters Korea due to not registered. Therefore, even if migrant children go to school
their parent’s remarry and they are classified as migrant work- due to determination in a principal’s convictions, they always
ers’ children and married migrants’ one. According to relevant feel uneasy.
data, the number of migrant children is 50,000 and 50 percent
among them is estimated as a developing county’s children on Considering these problems, the National Human Rights Com-
the basis of 2009 year. In particular, the number of unregistered mission of Korea asked the Ministry of Education, Science and
children is estimated to about 20,000. Technology to reform the Clause 1, Article 19 of Enforcement
Decree of the Elementary and Secondary Education Act this
The number of migrant children is increasing every year. How- January to apply a course of study in the middle schools and
ever, the Korean government does not investigate even the this year, it’s advice is expected to be given to relevant govern-
actual conditions of migrant children's are ignored from educa- ment branches after investigating the actual situation in con-
tional system. In 2003, UN Committee on the Rights of the Child nection with the migrant children’s right to education.
asked the Korean government to guarantee foreign children’s
right to education as Korean nationals equally. In response, the All the children in the world have a right to get education any
government gave compulsory education opportunities to enter circumstances and the right must not be limited on the ground
a school from another regardless of qualification to stay after of a foreigner. It is the same even though unregistered migrant
reforming Enforcement Decree of the Elementary and Second- workers’ children in Korea. For this, the government needs to
ary Education Act in 2008. guarantee and revise a law to improve entrance formalities, not
to leave the decisive power on the migrant children’s admis-
However, the number of unregistered migrant children, who are sion into a school to principals. Furthermore, relevant civil soci-
in elementary, middle and high schools, is only 148. The rea- ety organizations worrying about the migrant children's right to
son why the percentage of their school attendance is low is the education have to pay continuing and positive attention to the
unstable place of residence, financial difficulties, concern about migrant children to help overcome the different language and
disclosing their identity. In addition, they cannot prove the fact culture even after the children enter's a school.
in relation to entry into and departure from country or the fact in
connection with alien registration. Furthermore, for the existing
Mun Eun-hyeon
law, the teacher has to report it according to a civil servant’s (Civil Rights Div. of National Human Rights Commission of Korea)

Health
Getting to Know AI(Avian Influenza)
Q. What is AI (Avian Influenza)? pear from slight symptom to sudden death. sterilizing chamber equipped to visiting plac-
Generally, feed intake and egg production rate es. Furthermore, they need to refrain from vis-
AI (Avian Influenza) is a viral disease that can are reduced. Also, chicken's comb is tinged iting the areas where the outbreak occurred
cause illness in many species of birds such as with blue and the head and face are puffy and, in case of visiting the relevant areas, they
chickens, turkeys, ducks, and migratory birds and rapid mortality rate appears. Meanwhile, would best not to go to poultry breeding farms.
and spreads quickly. In particular, AI (highly for ducks, the egg production rate is lowered When they make a trip back to their homeland, the
pathogenic AI), a high-pathogenic strain, is and slight mortality appears. Sometimes, mass people are not allowed to carry illegal items that
highly contagious and has the highest mortality mortality rate appears according to pathogenic are not quarantined, such as chickens, ducks, etc.
rate. For this, it is classified as Class 1 livestock
organ.
epidemics under the Act on the Prevention of
Livestock Epidemics. < Inquiry >
Q. H
 ow do people be infected with AI? National Veterinary Research and Quara ntine
Control (www.nvrqs.go.kr)
Q. How does Ai spread? Unless humans directly contact with the infected
poultry or unless they take in the infected chickens Refer to [Main disease information (avian in-
It is known that AI spreads through mainly or ducks raw, AI is not spread among humans. In fluenza)]
infected migratory bird's excretion and it particular, there is no danger of infection with AI Division of Animal Disease Prevention, Ministry
spreads by mainly infected dust, water, feces by eating cooked chicken or duck. for Food Agriculture Forestry and Fisheries
or by human’s clothes, shoes, vehicles, instru-
(☎02-500-2078/2079)
ments, equipments and eggshells stained
with these infected matters between poultry
Q. What are rules to keep? Division of Disease Control and Prevention,
breeding farms. However, it does not spread Those who have been visited the areas of out- National Veterinary Research and Quarantine
into other regions through air. break should abstain from a visit for poultry Control (☎031-467-1941/4374)
breeding farms including chickens or ducks
Q. What symptoms appear in case of more than at least one week, and have to be
the chickens and ducks infected careful so as not to get their shoes smeared Departments taking charge of quarantine,
with AI? with the bird's feces when travailing habitat
for migratory birds in Korea. When visiting by such as the livestock department of city
In case of chickens, the various symptoms ap- foot, the people have to go through a footing halls and provincial offices

2
3 Multilingual newsletter for foreign workers Migran
Everyday Legal Matters Get a driver’s license!
*Type of driver’s license* *License Procedure to get*
First-class large size, small size, special, and ordinary
(omnibus under 15 people) ▶Completing traffic safety education
Second-class small size and ordinary (Driver’s license test site, completion for 3hours)
(omnibus under 10 people) ↓
▶Examination in academic subjection
(40 questions with 4 examples, first-class: more than 70 points,
*Place to take driver’s test* second-class: more than 60 points to pass)
The whole nation driver’s license test course ↓
(Key number: 1577-1120, Seoul: 4 places) ▶Technical education
Gangnam ( Daechi-3-dong, Gangnam-gu, 552-8624), (Driving school, completion for 3 hours)
Dobong( Sanggye-dong, Nowon-gu, 934-7004)

Gangseo (Oebalsan-dong, Gangseo-gu, 2661-0357),
▶Technical test
(15 items including curve, slope way, etc, first and second –
Seobu( Sangam-dong , Mapo-gu, 375-7185)
class ordinary: more than 80 points to pass)

*Aptitude test for driving* ▶Driving training
(Driving school, training for 10 hours to pass a road test)
○F irst-class license-holder (required to take a physical ↓
examination) – Aptitude test every 7 years ▶Road test
- Driver’s license, two portrait shots (color 3x4 photo), (39 items including driving position, changing a way, etc, more
and application form for aptitude test than 70 points to pass)
- (providing in driving test sites and designated hospitals), ↓
the fee: 15,000won ▶Getting a driver’s license

○S
 econd-class license-holder (Don’t need to take a physical Place for application: Driving test site or traffic public service
examination) – Renewing without aptitude test every 9 years center in a police station

Kim Won-kyung’s Consultation Underway


④Revised rehire procedures
[Case study]
Mr. N from Vietnam entered Korea on July 16th 2007 under the employment permit system and resigned due to the
company’s financial difficulties while working in ‘A’ electronic company for 2 years and 8 months. He has been worked
since he joined a ‘B’ company on April 1st 2010 by looking for a job. Mr. N helps his family at home working sincerely in
Korea and has his hope to study electronic engineering after returning to Vietnam. However, for this, he has to work for
another 2 years in Korea. What should Mr. N do to extend the working period by 2 years?

Foreign employees’ working period according to the employment permit system is about for 3 years from
the date of entry to Korea. However, according to the revised rehire law, if a user gets permission from the
Ministry of Labor after applying for rehire, one can extend in a range of less than 2 years only one time.

[Act on Employment, etc. of Foreign Workers] Enforcement Regulations of Article 14, Clause 2
(Exemption procedures on the limit of the working period)

① To help foreign workers extend their working period according to the clause second of Article 14, a user shall
attach the following documents to the application form, Form No.3 of the 12th attached sheet, for the working
period to extend, and submit it to the head of an employment security office under the jurisdiction of the relevant
location 45 days before working period ends.
However, if the contract period between a business proprietor and the foreign worker remains more than 3 months,
the deadline for an application for extension is to 15 days before the working period expires.
(Next up☞)

orkers MigrantOK 3
2
*<Mr. N’s application procedures for rehire>

First of all, Mr. N needs to ask his business proprietor to apply for the rehire and the employer shall apply for the rehire and
get permission after preparing the required documents related to Mr. N (Certificate of Business Registration, Foreigner Reg-
istration Card, Passport, and each copy of Standard Labor Contract) in the employment supporting center. It is within the em-
ployer’s discretion to rehire him. Therefore, if the employer rejects the application, Mr. N, the foreign worker, has no opportunity
to work again.
In particular, keep in mind that an employer shall apply for the rehire 45 days before a foreign worker’s stay expires. However,
in case of a foreign worker with more than 3 months of experience after joining a company, an employer applies only 15 days
before the working period ends. Employment Support Center reviews the application, and if the application meets the relevant
requirement, the center issues the period extension confirmation for foreign workers, whose working period expires , within 7
days from the date that the application is submitted.
(In the existing system of law, an employer can file an application only 30 days before the working period expires. However,
the period is extended as 45 days, and 15 days are added as the exceptions of the rules from April 10th 2010 through law
revisions) In this case, a foreign worker is able to prolong the working period for one year and ten months only one time.
In other words, Mr. N’s employer is able to apply for the rehire at the Employment Support Center under the previous jurisdic-
tion on May 31st before 45 days, expiration date, as his expiration date for working period is July 15th 2010 and as Mr. N has
less than 3 months of experience after joining the company.

* This article is provided by Won Kyung Kim, Assistant Manager of the Korea Migrants’
Center’s Consultation Team.☎ For further information: 1644-0644

Cartoon
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Founded in August 22, 2005 Korea Migrants' Center Office Tel. 02-6900-8231 Edited by E&G Design
(Registration No. Guro La 00081) (152-801) newsletter@migrantok.org Tel. 031-8007-6600
Publisher: KIM Hae-sung 137-1 Garibongdong Guro-gu Seoul www.migrantok.org / www.migrant.kr
4
2010. 05 No.41

정책 The scale of the alien workforce in 2010


◆This year, the scale of foreign workforce to be employed is 24,000 workers, but the figure has fallen to
10,000, compared to the last year…
 his year, the scale of the migrant workers to be employed in domestic companies has been made
T
as 24,000 workers. The figure has dropped 10,000, compared to 34,000 a year earlier. However,
the 24,000 workers to be hired this year are the new foreign workforce according to the Employment
Permit System, and the figure represents 70,000 people increase, compared to 17,000 last year,
considering only alien workforce excluding overseas Korean.

— Foreign Workforce Quotas in 2010


Section Total Manufacturing Construction Service industry Agriculture & stockbreeding Fishery
industry industry industry
Total 24,000 19,500 1,600 100 2,000 800

A Bill Act on the Protection of the Rights of the


Migrant Children(suggestion)–Right to education
On April 22nd, ’the Citizens Action Network for Protection of the Rights of the Migrant Children and Teenagers’ held an open forum on the leg-
islation of the Act on the Protection of the Rights of the Migrant Children focusing on its key issues and the challenges it, currently facing. Let’s
look into the right to education among ‘the act on the Protection of the Rights of the Migrant Children and Teenagers' discussed in this forum.
1.Right to get the compulsory education (Article 5)
Clause 1. The migrant children and teenagers have a right to get compulsory education in accordance with the provision of
Article 8 of『Framework Act on Education』and Article 12 of『Elementary and Secondary Education Act』

-T
 he current law says that elementary education is provided for free and just that appropriated action is taken as for secondary education.
Accordingly, the present law needs to say a right related to secondary education.
-T
 he Constitution already says that the compulsory education is free of charge, but it does not mean the entire education is for free.
Therefore, the government has to set regulations in relation to the contents and scope to support free of charge in detail, such as support
fund to run schools, school supplies expenses, and the charge for a school meal.

2.Educational Support (Article 9)

Clause 2. The government shall provide educational opportunities for the migrant children to help have their identity

- To give the confidence of their identity to the migrant children, the education needs support and collaboration by a native country
and relative organizations as well as an individual as a migrant. If a country where the migrants stay, determines their identity and
provides relative education, it is beyond the country’s appropriate role.
- Korean government needs to seek the support system such as bilingual education to help the migrant children exist and hold their
native language and culture.
- To support educational system, taking into account the migrant children’s language and cultural backgrounds, the government
should designate “special classes for foreign labors’ children” in the schools where the migrant students are concentrated and then
should help set the studying environment and supply relative teachers in conjunction with office of education.
- Individualization teaching (teaching centering on Korean language, community, and so on) considering difference among individuals
has to be run in a special class and general classes along with the integrated education programs should be managed as the basis
for artistic training and physical education to do joint activity with general students.

3.Supporting educational facilities (Article 13)


With the revision of『Regulation about Establishment and Management of Alternative Schools』, the government shall
support the establishment of the alternative schools for children of multicultural family.

-The Korean government needs to examine the educational facilities’ quality and contents in detail to help the migrant children
adjust to their life and have their identity in Korea. For example, the government has to review whether the relative educational
facilities are a type of a normal school or the facilities supported by private organizations.