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Busan Metropolitan City Ordinance for the Human Rights Protection and Enhancement for Immigrant Workers

By Human Rights & Labor Policy Division Dec 6, 2021 279  Views
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Busan Metropolitan City Ordinance for the Human Rights Protection and Enhancement for Immigrant Workers
Human Rights and Labor Policy Officer

(Enaction) March 24, 2021 Ordinance No. 6357

  • Article 1 (Purpose)
  • The ordinance aims at stipulating the basic requirements to protect and enhance the human rights of immigrant workers and contributing to realizing a city of human rights that pay respects to the dignity and value of immigrant workers.
  • Article 2 (Definition)
  • The ordinance shall use the terms, which are defined as follows:
    • 1. “Immigrant” means any and all foreigners and naturalized citizens residing in the Repulic of Korea.
    • 2. “Immigrant worker” means any and all immigrants who provide labor in the businesses or workplaces located in Korea.
    • 3. “Human rights” means the dignity and value, and the freedom and rights, as a human, that are guaranteed by the Constitute of the Repulic of Korea and laws or recognized by the international human rights treaties, which the Republic of Korea joined and ratified, and the customary international laws.
  • Article 3 (Duties) ① Busan Metropolitan City shall prepare for the measures to enhance the human rights for immigrant workers, and strive to guarantee appropriate wages and create an labor environment to help the immigrant workers maintain a healthy and cultural quality of life.
  • ② Busan Metropolitan City shall not discriminate and treat immigrant workers unfairly, if the immigrant workers use public facilities or partiipate in policies to engage in the basic living, such as education. culture and health care.
  • ③ Immigrant workers shall fulfill their duties as a community member, such as observing basic orders, strive for the development of their communities, and pay mutual respects to the customs and tradition of the Republic of Korea.
  • ④ Companies shall be committed to preventing the unlawful act and human rights abuse at workplaces, treat the immigrant workers respectfully with no use of physical, mental, or verbal voilences, and observw the labor laws, including the Labor Standards Act, faithfully.
  • Article 4 (Basic Principle)
  • Immigrant workers shall have rights to have their human rights guaranteed to enjoy as a human, regardless of their legal status.
  • Article 5 (Establishment of Baisc Plan for Human Rights Advancement) ① The mayor of Busan Metropolitan City (hereafter called “Mayor”) shall establish and execute the Busan Metropolitan City basic plan to protect and advance the human rights for immigrant workes (hereafter called “Basic Plan”) every 5 years to protect and enhance the human rights for the immigrant workes.
  • ② The Basic Plan shall incude the matters of the following subparagraphs:
    • 1. Basic direction for the protection and enhancement of human rights for immigrant workers
    • 2. Activities for the protection and advancement of human rights for immigrant workers, pursuant to Article 7 Paragraph 1
    • 3. Financing for the activities for the protection and advancement of human rights for immigrant workers
    • 4. Raising the awareness of human rights among immigrant workers
    • 5. Understanding of the human rights of immigrant workers and system improvement
    • 6. Any matter deemed otherwise necessary by the Mayor to pretect and enhance the human rights for immigrant workers
  • ③ The Mayor shall plan and exeucte the annual execution plan (hereafter called “Execution Plan”) under the Basic Plan.
  • ④ The Mayor may conduct an iw survey, if needed, to plan and execute the Basic Plan and the Execution Plan in an efficient manner.
  • ⑤ The Mayor may include the Basic Plan and the Execution Plan, when planning, or a survey, pursuant to Paragraph 4, in the planning and survey, pursuant to the Busan Metropolitan City Ordinance for the Rights Protection and Enhancement for Workers Article 5, for planning and execution.
  • Article 6 (Opinion Collection and Evaluation) ① The Mayor may collect opinions from relevant experts or the community members, if needed to plan for the Basic Plan and the Execution Plan, via a hearing or panel discussion.
  • ② The Mayor shall inspect and evaluate the execution of the Basic Plan and the Execution Plan once a year, and reflect in planning for the next Basic Plan.
  • Artile 7 (Activities for Human Rights Protection and Enhancement for Immigrant Workers)
    • 1. Survey and research and development for the protection and enhancement of human rights for immigrant workers
    • 2. Operation of the consultation and education programs for the human rights of immigrant workers
    • 3. Awareness enhancement and publicity to improve the treatment and status of immigrant workers
    • 4. Education to strengthen the capability of immigrant workers
    • 5. Support for cultural and sports activities to enhance the welfare of immigrant workers
    • 6. Activities to understand the working by immigrant workers and support the hiring companies
    • 7. Any activity deemed otherwise necessary by the Mayor for the protection and enhancement of human rights for immigrant workers
  • ② The Mayor may provide the support of the required expenses, within the budget, for an institute, corporation or organization that implements the activity for any one of the following subparagraphs in Paragraph 1.
  • ③ The procedures and method for the expense support pursuant to Paragraph 2 shall follow the Busan Metropolitan City Local Subsidy Management Ordinance.
  • Article 8 (Immigrant Worker Human Rights Center) ① The Mayor shall set up and operate the Busan Metropolitan City Immigrant Worker Human Rights Center (hereafter called “Center”) for the protection and enhancement of human rights for immigrant workers.
  • ② The Center shall conduct the works of the following subparagraphs:
    • 1. Activities of the subparagraphs in Article 7 Paragraph 1
    • 2. Survey on the working of immigrant workers
    • 3. Establishment of a cooperation system related to the protection and enhancement of human rights for immigrant workers
    • 4. Activity to help immigrant workers adapt to living in, and better understand, the Republic of Korea
    • 5. Any activity deemed otherwise necessary by the Mayor for the protection and enhancement of human rights for immigrant workers
  • ③ The Mayor shall prepare each and every year for the report on the previous year’s activities by the Center to promote labor human rights and submit to the Busan Metropolitan City Immigrant Worker Human Rights Committee, pursuant to Article 9, except that any activities, needed to protect individual honor or privacy or restricted for disclosure under the law, shall not be disclosed.
  • ④ The Mayor may consign a non-profit corporation or organization to manage and operate the Center, if needed for the efficient management and operation of the Center.
  • ⑤ For consigning the management and operation of the Center pursuant to Paragraph 3, any matter, not stipulated in the ordinance, shall follow the Busan Metropolitan City Framework Ordinance for Private Consignment.
  • Article 9 (Setup of Immigrant Worker Human Rights Committee) ① The Mayor shall set up the Busan Metropolitan City Immigrant Worker Human Rights Committee (hereafter called “Committee”) to deliberate and consult the matters of the following subparagraphs on the protection and enhancement of human rights for immigrant workers:
    • 1. Planning for and execution of the Basic Plan and the Execution Plan
    • 2. Survey pursuant to Article 5 Paragraph 4
    • 3. Inspection and evaluation of the Basic Act and Execution Plan, pursuant to Article 6 Paragraph
    • 4. Protection and enhancement of human rights for immigrant workers, pursuant to Article 7
    • 5. Report on the Center’s activities to enhance labor human rights, pursuant to Article 8 Paragraph
    • 6. Consignment of the Center pursuant to Article 8 Paragraph 4
    • 7. Regulation and policies that impact the human rights of immigrant workers
    • 8. Any matter donb the Mayor in relation to the human rights protection and enhancement for immigrant workers
  • ② Any matters, which the committee is to deliberate on pursuant to Paragraph 1, shall be deliberated by the Busan Metropolitan City Worker Rights Committee pursuant to the Busan Metropolitan City Ordinance for the Worker Rights Protection and Enhancement Article 14. In such a case, the Busan Metropolitan City Worker Rights Committee shall be deemed the committee pursuant to Paragraph 1.
  • Article 10 (Reward)
  • The Mayor may reward a person, corporation, or organization, pursuant to the Busan Metropolitan City Reward Ordinance, that contribute greatly to the human rights protection and enhancement for immigrant workers
  • Supplementary Provision
  • The ordinance shall be in effect upon proclamation.