Transcript HIV Travel Restrictions in South Korea

Contagious Disease Prevention Act
Article 2(3) (Definitions) – the term “contagious
disease of Type 3” means . . . require[s] a continuous
surveillance and the adoption of prevention measures
against their outbreaks because they may spread
intermittently: (a) Malaria; (b) Tuberculosis;
(c) Hansen’s Disease; (d) Venereal disease . . .
(r) Acquired immunodeficiency syndrome (AIDS)
Benjamin K. Wagner
Immigration Control Act
Article 11(1)1 (Prohibition of Entry)
The Minister of Justice may prohibit the
entry of . . . Persons carrying an epidemic
disease, narcotic addicts or other persons
deemed likely to cause danger and harm to
the public health;
Benjamin K. Wagner
Immigration Control Act
Article 46(1)2 (Persons to be Deported)
A person found to fall under any
subparagraph of Article 11 (1) after entry;
[i.e. non-citizens “carrying epidemic
diseases” such as HIV/AIDS]
The “Heo Case” example: 2008 deportation
order for ethnic Korean non-citizen.
Benjamin K. Wagner
AIDS Prevention Act
Article 8(3) (Medical Examinations) those
foreigners entering from overseas deemed
“long-term sojourners” by executive order
must submit a recent (less than one month
old) HIV negative test result to the Minister
of Health and Welfare before entering the
Republic of Korea.
Benjamin K. Wagner
AIDS Prevention Act
Article 10(3) the HIV negative test results
stated in Article 8(3) must be issued in
English from a public testing institute or
medical institute in the sending country of
the visa applicant.
Benjamin K. Wagner
AIDS Prevention Act
(Enforcement Ordinance)
Article 10(2) (Examination Subjects) The
"long term sojourners" referred to in
Article 8(3) of the Act who shall defined by
executive order as follows:
1. Those who enter the country with the goal
of sojourning for 91 days or more to engage
in performance entertainment / show
business, sports and entertainmentrelated businesses or activities in order to
make a profit.
E-2 Visa Holders
“In Korea anyone can be an
English teacher . . .”
“Idiots, Redneck, Black Pig”, etc.
“The world’s idiots come to
Seoul . . . for free sex and
alcohol . . .”
Pictures posted on the Internet in 2005
•Korean women
stalked and harassed
for relationships with
foreign men
•Called “foreigners’
whores”
•Several require
psychiatric treatment
because of the
harassment
“Suspicious”
Foreign male teachers
tracked and profiled.
“Suspicious”
Foreign male teachers
tracked and profiled.
The “Anti-English”
Citizens Group’s
awarded by
Seoul Police
Department.
From the Internet (2005)
To the Newspapers (2006)
“Tracking AIDS-Suspicious
Foreign Language Teachers on the Blacklist”
September 2006
“White English Teacher Threatens
Korean Woman with AIDS”
May 2007
“Beware of the Ugly White Teacher”
May 2007
Investigative News Program:
“Situation Report on Korea’s Blonde Haired
Blue-Eyed Foreign Teachers”
February 2005
June
2007
“Illegal foreign
teachers are
violating our
Korean women.”
April 2008
February 2009
“Inside the head
of a foreign
English teacher”
E2 Visa Policy Meeting
23 October 2007
Sponsored by Korean
Ministry of Justice
Anti-English Citizen Group
as participant
“Notice of the system for the improvement of
the foreign language teaching (E-2) visa”
Proposal to Amend Immigration Act to Require
Medical Tests for All Foreigner Workers
Bill No. 3356
“nowadays a good many foreigners coming to
Korea have previous convictions for drugs and
sexual crimes or carry infectious diseases.”
From the Internet to Media to Government Policy
(2005 – 2007)
E-2 Policy Memo
(2007.11)
E-2 Policy Meeting
(2007.10.23)
Bill 3356
Amend Immigration Act
Medical Tests for Any
Foreign Worker
(2008.12.30)
February 2009
July 2009
“U.N. Secretary General
Criticizes AIDS tests for
Foreigners”
“U.N. Sec. Gen. Ban Ki-Moon
Recommends Korea Abandon
HIV Immigration Policy”