Migrant Forum in Asia
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Korean Constitutional Court ruled the Industrial Trainee System is unconstitutional!

A Pakistani industrial trainee, BASHARAT. ALI, supported by Kyungnam Migrant Worker’s council, a member of JCMK, filed the petition against the industrial trainee system to the constitutional court in August, 2004.

Finally the constitutional court ruled that the industrial trainee system is unconstitutional because “the guideline on management and protection for industrial trainee” which the law deals with treatment of industrial trainees has partly applied the labour standard law to industrial trainees. The court said that it is unreasonable and arbitrary discrimination, so that the petitioner’s right to equality stipulated in the constitution was violated.

We, JCMK, struggling to abolish the industrial trainee system more than a decade, greatly welcome the rule of the constitutional court. Also we strongly urge Korean government to abolish reminded trainee system, and guarantee the labour rights of all migrant workers in Korea.

We also take notice of the restricted provisions on the Act on Employment Permit System, such as restriction on changing workplaces, restricted recruit period only for 2 months. We believed that those restricted provisions are violated the right to equality as well. Therefore we urge to Korean government to adapt the labour permit system in order to fully guarantee the labour rights of all migrant workers in Korea.

We, JCMK, will continue striving to abolish reminded trainee system, revise the restricted provisions on Employment Permit System, and adopt Labour Permit System. Furthermore we struggle against discrimination on all migrants in Korea with civil society, and take action to legislate the law against discrimination on all migrants in Korea.


30 August 2007
Joint Committee with Migrants in Korea


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MFA is a regional network of non-government organizations (NGOs), associations and trade unions of migrant workers, and individual advocates in Asia who are committed to protect and promote the rights and welfare of migrant workers.

It is guided by a vision of an alternative world system based on respect for human rights and dignity, social justice, and gender equity, particularly for migrant workers.

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