HIV test rules for foreigners to be eased

By Bae Ji-sook

The Ministry of Health and Welfare said it will scrap compulsory human immunodeficiency virus (HIV) tests for foreigners seeking to acquire an entertainer’s E-6 visa, and workers renewing their E-9 visas here.

However, the tests will still be required of those seeking E-2 language teaching visas.

Currently, those who are applying to come to Korea on the E-6 visa for more than 91 days should either submit HIV testing, or take a test within 72 hours on arrival.

The E-6 is issued to those seeking to work in bars, in hotels as singers or dancers, and athletes playing for local sports teams. About 4,000 such visas are issued every year.

Those on the employment permit system, the E-9 visa, will also no longer have to submit results or be tested to renew their residency.

The health authorities will submit a revised bill to the National Assembly for approval in the near future.

“We’ve decided to ease the rules as HIV is not transmitted through air or water but through human contact most of the time,” ministry official Jeong Eun-gyeong said, explaining the reason behind the revision.

The move came as the HIV rules have been criticized by international civic groups and others. In May last year, former Health Minister Jeon Jae-hee was advised by United Nations Secretary General Ban Ki-moon to scrap the system.

The rules have also reportedly been a burden for Korea, which is to host the G20 summit next month.

Last month, the Ministry of Justice repealed the automatic deportation regulations for people on E-6 and E-9 who test positive for HIV here. The repeal has been submitted to the National Assembly for confirmation.

However, the latest move is likely to spark more disputes over the continued testing requirement for E-2 visa applicants and holders.

“Education is considered a very intimate relationship. According to an unofficial survey by the Prime Minister’s Office, the majority of parents wanted solid evidence of their children’s teachers’ HIV status,” said an official of the Ministry of Education, Science and Technology.

“The continuation does not mean the government regards foreign teachers to be HIV positive or have the potential of transmission ― it is just intended to assure the parents. We are considering revisions in this area, too,” he added.

A National Human Rights Commission officer said in an interview with The Korea Times that the regulation infringes upon human rights.

Benjamin Wagner, a professor at Kyung Hee University, filed a complaint with the agency last year, claiming that the visa regulations were based on unfounded biases and prejudices that Westerners were promiscuous and used drugs. Several other English teachers joined the protest.

In July, a group of lawyers also filed a petition with the Constitutional Court against the regulation.

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