Migrant workers

Migrant workers (이주노동자/移住勞動者) mean foreign workers who are employed by small- and medium sized enterprises (SMEs) and farms in Korea. Since 1980s, Korean industries have experienced severe shortage of unskilled production workers after economic boom. Korean workers' so-called "3-D syndrome", or aversion to difficut, dangerous and dirty jobs in factories, aggravates such shortage.

At the request of the affected industries, the Korean government has implemented the Industrial and Technical Training Program, which allows the SMEs to import foreign workers from developing countries in Asia. As a result, there are three types of migrant workers - the legal imployee, industrial and technical trainee and undocumented migrant worker.

In this regard, there is a leading case on the legal status of migrant workers.

Key words
migrant worker, 3-D syndrome, multicultural homes, labor law, exploitation

Migrant workers' reality
The number of migrant workers exceeded one million. So without them the Korean industries would be paralyzed. In general, however, trainees and undocumented workers are made to endure long working hours, low wages and poor working conditions.

In particular, undocumented workers have received the least protection from abuse because their employers threaten them with deportation.

Nowadays an increasing number of migrant workers are getting married with Koreans, giving birth to multicultural homes (다문화가정/多文化家庭) both at big cities and rural areas.

Various Issues concerning Migrant Workers
With the unprecedented economimc growth of the nation, Korean workers demanded gradual reduction in their working hours. Furthermore, Korea's well educated young people balk at performing so-called "3D" jobs - dangerous, dirty and difficult.

Many industries have answered the problem by looking abroad for necessary labor. While the use of unskilled labor has never been officially allowed by immigration authorities, hundreds of thousands of unskilled laborers have nonetheless entered the country to fill the demand.

As a result, the escalating number of foreign migrant workers has sparked fierce debates within Korea as to whether their presence should be condoned or not, and what their status should be. Added to the debate are the voices of many human rights advocates, highlighting the commonplace denials of the fundamental human rights of these migrants. It is about the Korean society in general and its cultural tolerance. Viewing from this angle provides an alternative perspective on the mainstream Korean culture, its ambiguities and contradictions.

Several important issues have been raised.
 * How can Korea tolerate the presence of individuals who are members but not citizens of that society?
 * More generally, should all individuals who are members of a liberal society be accorded the full panoply of rights (social and political as well as civil) enjoyed by those who are citizens?
 * What kind of related issues are there other than the labor laws?
 * What are the roles of judiciary and public bar to incorporate new elements to resolve the issues?
 * How can Korea preserve its cultural integrity and ethnic homogeneity by pursuing globalization simultaneously?

Migrant worker as laborer
Migrant workers are entitled to enjoy workers' rights under the Labor Standards Act and the Minimum Wages Act. If their employer would not pay wages to them, they may demand payment under the Act to Secure Wage Claims, and the Act to Ensure the Payment of Workers' Severance Fee.

Pro-migrant workers activists demanded the legislation of Foreign Workers Employment Act to maximize the economic benefits from the inflow of unskilled migrant workers without discriminating against them economically and socially.

In this regard, on September 29, 2011, the Constitutional Court ruled the provision of the Act on Foreign Workers' Employment, etc. (외국인근로자의 고용 등에 관한 법률) constitutional, which prohibits migrant workers from changing workplaces more than three times. The claimants argued such provision violated the freedom of choice of vocation and the fundamental right to pursue happiness regardless of nationality.

Visa status upgrade to Specialists
In Octobr 2011, the Ministry of Justice revised the Visa guidelines that foreign laborers with such visa status as non-specialized employment (E-9), visiting employment (H-2), who satisfies the below-mentioned requirements, may apply for the specific activities visa (E-7) as from October 10, 2011. The E-7 visa has been available to the officers and directors of big corporations, IT specialists, and other professionals. Aliens with the E-7 visa status have no limitation in employment period and easy to obtain the permanent residence permit. The E-9 visa are usually issued to foreign workers with work permit, currently amounting to 190 thousand, while H-2 visa to ethnic Koreans, whose number is around 290 thousand with the employment period of five years or less. It is expected that the local industries demand for high skilled labor or IT specialists could be met to some extent.

Requirements for E-7 visa application:
 * Professionals with a bachelor or higher degree and relevant certified qualifications under 35 years of age;
 * Four-year or more employment at local workplaces engaged in manufacturing, construction, agricultural and livestock industries and fisheries during the past 10 years;
 * Remuneration during the past year exceeding the average wage earned by other workers engaged in same business lines; and
 * Certified Korean language competence over 3-degree, or completion of the comprehensive social programs.

Visa fraud
Four out of ten migrant workers with work permit have passed the Visa expiry date. So migrant workers whose visa status became illegal easily fall victim to visa swindlers. Swindlers are approaching anxious alien workers explaining non-existing government immigration policy. They demand a handsome amount of money and fled with the money. Sometimes they are working under the plate of religious, humanitarian or social welfare organizations. But it is 100 percent fake and fraud because there is no government policy to legalize the position of illegal immigrants under the present immigration law. The previous legalization programs in 2003 and 2006 which had saved 267 thousand illegal immigrants proved a total failure.

Visa swindlers' target is illegal migrant workers over the age of 55 who are no more eligible for Visa reissuance. Those victims are reluctant to report to the police. That's why swindlers are voraciously seeking illegal immigrants on the street.

Some of alien workers are seeking the legal status as refugee. Alien applicants for the refugee status increased from 79 in 2009 to 99 in 2010, 433 in 2011. Other smart alien workers go out of country for three months and come back to Korea to stay legally as long as 9 years 8 months.

Help centers
Korean people know that they have to be kind and generous to alien workers as far as they can because, in 1960s, their elder brothers and sisters went to West Germany to make money as miners and nurses.
 * Legal information for Migrant Workers 생활법령정보 – 외국인근로자 고용 취업
 * Useful information in English for Foreigners OneClick Practical Law
 * Foreigner-related statutes 외국인 관련 법률
 * Korean Migrant Human Rights Center 한국이주인권센터
 * Migrants’ Trade Union 이주노동자 노동조합
 * Migrant World TV 이주민 방송
 * Ansan Migrants Center 안산이주민센터
 * EverydayKorea.com for living, working, and travelling in Korea.
 * Seoul City Hot Line "Dasan Call Center" 다산콜센터