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Investigations and Remedies for Discrimination Based on Country of Origin [2007] KRNHRC 29 (1 October 2007)

Discrimination on the ground of country of origin refers to acts of favorably treating,
excluding, differentiating, or unfavorably treating a person or a group of people in many
areas including employment, based on country of origin, without reasonable causes.
"Country of origin" means the current and previous nationality of a person. For example,
treating unfavorably a person who has now become a Korean through marriage or
naturalization on the ground of the previous nationality, without reasonable causes,
constitutes discrimination based on the country of origin. In addition, treating foreigners
unfavorably compared to Koreans or Koreans compared to foreigners in areas related to
fundamental rights, without reasonable causes, constitutes discrimination based on the
country of origin.

Discrimination against foreigners in the disability registration
In October 2007, Wang(Taiwanese women), and others filed a complaint with the
Commission that they faced discrimination as she could not be registered as a person
with disability and could not be eligible for benefits for the disabled only because she
was not a Korean.

In Korea, welfare benefits for the disabled are provided by the government and private
organizations including theater or performance companies. Only those registered with the
government as people with disabilities can receive the welfare benefits. As for foreigners
with disabilities living in Korea, they cannot be registered with the government as people
with disabilities. However, documented foreigners or Koreans with foreign citizenship who
have walking disabilities can apply for "disability certificate for one car."

The Ministry for Health, Welfare and Family Affairs does not allow foreigners with
disabilities to register with the authorities as people with disabilities, because providing
disability benefits to foreigners with disabilities causes much financial and administrative
burden on Korea's public assistance system. However, the Commission found that the
disability registration itself would not necessarily make foreigners with disabilities eligible
for all the benefits for the disabled in Korea and that the Ministry usually reviewed
eligibility before providing each benefit to the disabled. Therefore, it concluded that the
Ministry's claim was not persuasive. The Commission also said that the Ministry should
not favorably treat foreigners with disabilities, but provide the same social welfare service
to foreigners with disabilities who have lived in Korea for a certain period of time, in order
to promote the social participation of the disabled unless providing disability benefits to
foreigners with disabilities imposes unbearable financial or administrative burden.
The Commission concluded that allowing anyone with disabilities to apply for disability
registration, regardless of nationality, would be in line with the Constitution, international
standards on people with disabilities, and the Disability Discrimination Act.
Therefore, it recommended that the Minister of Health, Welfare and Family Affairs improve the
disability registration system to allow foreigners with disabilities living in Korea to apply
for disability registration.