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Recommended Removal of Life Ban on Entry by Korean Chinese Spouse Imposed due to History of Illegal Sojourns [2003] KRNHRC 19 (1 January 2003)

The complainant and the victim completed marriage registration in China and
the Republic of Korea, but the respondent prohibited the Korean Chinese
Spouse from entering Korea for five years on the ground of past record of
illegal sojourns in Korea.

After investigation, the Commission found that because the complainant and
the victim had departed Korea after paying a penalty upon voluntary report of
marriage, and because the complainant has been to China many times to
maintain marriage relations, the five year ban on entry of the victim by the
respondent is in violation of duties of the state to protect families stipulated by
the Constitution of Korea and international conventions, as well as in violation
of the Guidelines for Restrictions on Entry by the Ministry of Justice.

Accordingly, the Commission recommended that the Justice Minister lift the
ban on entry by the victim so that the complainant and the victim can have a
normal marriage relationship.