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Suo-moto Investigation into the Yeosu Immigration Protection Center Fire [2007] KRNHRC 21 (27 February 2007)

On February 27, 2007, the Commission conducted a suo-moto investigation into the fire
in the Yeosu Immigration Protection Center. Human rights of undocumented immigrants
were violated, as many undocumented migrant workers detained in the center died in the
fire accident.

The Commission found that only two security guards were working in the Yeosu
Immigration Protection Center, when the fire broke out, and that the protection center was
operated like a detention center, as it had double locks in the door. It also found that the
Yeosu Branch of the Gwangju Labor Administration Office did not comply with the
principle of "remedies before reporting" defined by the Ministry of Labor, and did not
provide proper counseling on overdue wages to migrant workers, even though foreign
workers stayed in the center mostly because of overdue wages. In addition, the
Commission found that the Yeosu Immigration Protection Center did not provide
information on the remedies for rights violations to migrant workers it protected, and did
not offer counseling services to Mr. Kim (died) who was suspected to have set fire. It was
revealed that employees of the center and outsourcing security guards could not effectively
respond to the fire in early phases, because the Yeosu Immigration Protection Center did
not provide proper education on safety to its employees and outsourcing security guards. It
was also found that the center let some migrant workers receive medical treatment while
being in handcuffs, right after the fire broke out, and forced 22 victims of the fire to leave
Korea without providing explanation on remedies for rights violations and psychological
treatment to them.

The Commission recommended several government organizations to rectify human
rights violations. It recommended the Minister of Justice and Speaker of the National
Assembly to
(1) specify a legal definition of protection in detail in the Amendment to the
Immigration Management Act;
(2) stipulate that protection should be provided to the least
extent possible, only within the scope that restriction of basic rights of foreigners is
required, in the Amendment to the Immigration Management Act;
(3) improve the Amendment to the Immigration Management Act to define types and substance of basic
rights that can be restricted by protection, and general rights that foreigners can exercise;
(4) legally define the principle of "remedies before reporting" in the Immigration
Management Act.

The Commission recommended the Minister of Justice to develop safety
measures to protect foreigners, in case of an emergency including a fire, provide safety
training to employees of the center, and revise relevant regulations to develop effective
safety measures to protect migrant workers protected in the center. In addition, it
recommended the Director of the Yeosu Immigration Protection Center, Minister of Labor,
Administrator of the National Emergency Management Agency, and Chief of the Yeosu
Police Station to respect basic rights of foreigners protected in the center.