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Deportation of leaders of the Migrant Workers' Union [2008] KRNHRC 2 (1 January 2008)

The complainants designated a lawyer for the Chairman of the Migrant Workers' Union
and two other migrant workers, who were detained in a migrant processing center, to prove
that the Korean government's crack-down on migrant workers and deportation were not
legitimate. They claimed that their right to trial, right to counsel, and right to legal
remedies were violated, as the Korean government forced the chairman and two other
migrant workers to leave Korea without notifying the lawyer of the deportation.

After an investigation, the Commission found that the Ministry of Justice violated the
rights to counsel and legal assistance of the Chairman of the Migrant Workers' Union and
two other migrant workers by forcing them to leave Korea. Therefore, it recommended that
the Minister of Justice come up with measures to respect the right to counsel including the
right to interview and communication of undocumented foreigners in migrant processing
centers, revise laws and regulations to protect the rights of foreigners, and enforce
deportation in line with penal procedures. While the Commission conducted an
investigation into this matter, the Ministry of Justice forced the complainants to leave
Korea, violating the right to petition of the complainants. Therefore, the Commission
recommended that the Ministry postpone the enforcement of deportation until the
Commission finishes its investigation or approves of the deportation.