Scrutinizing Rules for Foreigners in Korea:

The International Convention on the Elimination of All Forms of Racial Discrimination(“ICERD”) promises to provide effective remedies against xenophobia and discrimination on the basis of foreign nationality in Korea. The treaty has been under-utilized and its legal status and proper role is largely unknown or misunderstood. Few appreciate the broad definition of “racial discrimination” under the ICERD and the implications for non-citizens. Even fewer are aware of the special relationship Korea maintains with the Committee on the Elimination of Racial Discrimination (“CERD”) because of its recognition of the competence of the CERD to receive complaints and make recommendations under the optional Article 14 procedure. This article examines several real life contemporary scenarios under the ICERD analysis and contrasts results with other jurisdictions. In doing so this article hopes to encourage further study and utilization of the recommendations, observations and jurisprudence of the Committee on the Elimination of Racial Discrimination in deciding what equality will mean for the increasing number of foreigners who live in Korea.