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Prospects for Migrant Worker Policy in 2002

96.2% of Undocumented Residents Report to Immigration

Source  :  Asian Workers News No. 132 (June 12, 2002)

The Ministry of Justice (MOJ) said 255,978 or 96.2 percent of an estimated 265,848 undocumented residents in the country have reported to the authorities during the registration period from March 25 to May 29. Of the total undocumented residents who reported to authorities, 10,476 people entered Korea by being smuggled in, while the rest include those who are overstaying their visas or violating their visa status, ministry officials said.
The Ministry said the now-registered residents come from 92 nations. Chinese accounted for 151,313, including 91,736 Chosunjoks (ethnic Koreans). Bangladeshis came in second with 17,087, followed by Filipinos (16,078), Mongolians (13,952), and Vietnamese (over 13,000).
Of the total, 89,174 or 35 percent were working in the manufacturing sector and 55,907 or 22 percent, in the construction sector. Restaurant and household staffers numbered 34,573 or 14 percent, and 9,500, respectively. Agricultural employees amounted to 2,400.
The average monthly income of the registered illegal aliens was a little over 800,000 Won.


Chinese nationals earned the most as they accounted for 89 percent (24,875) of those earning over 1 million Won per month.
About 220,000 or 77 percent, of the registered illegal foreign residents were living in the Seoul metropolitan area. They include about 99,000 in Gyeonggi Province, and 82,000 in Seoul. Daegu and Busan accommodated 3,300 and 2,200, respectively.
The Ministry plans to help illegal migrant workers, who registered during the allotted time period, leave by March next year, and to allow them to re-enter the country legally if they leave before the deadline.
"We will take legal action against those who did not report, and those who do not leave by the deadline," said a ministry official.
The Ministry suspects that many of those who registered do not intend to leave the country, and they are only trying to buy time.
Officials said many of the illegal aliens who purchased airline and ferry tickets for registration purposes sold the tickets after registering. (Reference: Korea Herald)
What will change after registration?

In this light, the question can be asked, what will be changed after this period and what critical effects upon migrant workers are expected?

*Positive side
To view the positive side, even though it is a short period of time, migrant workers are free from control and forced repatriation relatively. Also, any migrant worker may ask for delayed payments, deposits and reserved bonuses from employers if the working period for their company has been more than a year. Previously, this has not been easy to do because of deportation possibilities.

*Negative side
1) Postponement of departure by voluntary reporting does not mean obtaining legal labour rights or legal visas, but only putting everything off until March 31, 2003.

2) There is no allowance to change companies once a migrant workers has registered. (If a company becomes bankrupt or is suspended, migrant worker employees have to leave the country.) Under this condition, employers can violate human rights, knowing that migrant workers are subject to their control.

3) When a migrant worker secedes from the registered working company, the employer gets unfavourable management from the government. Some employers take action by detaining passports or airline tickets to prevent migrant workers from straying.

Will a new system be adopted?

Maintaining the industrial trainee system (2+1/1+2)
The MOJ has changed the current 2+1 system (trainee for 2 years and 1 year of work) to a 1+2 system (trainee for 1 year and 2 years of work), with revision on the Immigration Control Law.


The system has been changed so that the Korea Federation of Small Business (KFSB) manages working power and the working period comes under the control of the Ministry of Labour (MOL).
However, a 1+2 still denies migrant workers any right as 'labour' and maintains it as 'trainee'. Until complete revision of the excessive entering fee and status as workers and their rights is done, the present trainee system will hold many structural problems.
Will EPS be adopted?

MOL proposed the Employment Permit System (EPS) when president Kim Dae-jung gave a directive in 2000, but it has since dismissed it due to strong objection by KFSB and small business employers. Since it dissipation, the Korean government has been reviewing the change from the 2+1 to the 1+2 system.
MOL, in particular, has plans to set a long-term strategy this month, along with its 'counter plan to prevent illegal stay'. It has also begun to legislate for EPS again.

1. What's EPS(Employment Permit Systme)?

EPS provides a working allowance to employers who want foreign manpower. Under this system migrant workers can obtain visas and salary and working conditions are decided on before they enter Korea. Basically, if they accept not to change their work place, the work period can be extended every year and they are able to stay an extra three years at the most.
As their status is that of workers, Labour Standard Law is applied them. However, undocumented workers will be severely checked, and workers possessing work permits will even be made to forcibly deposit part of their salaries, which is only paid back when they leave Korea.
The Small and Medium Business Administration (SMBA) and KFSB are against EPS due to pressure on salary increase and group action to reserve labour rights. Basically, they want to maintain the current Industrial Trainee System.

2. Positive side

a) Not 'trainee' but 'labour'
EPS accepts labour statue and position and guarantees labours three primary rights of the right to organize, the right to bargain collectively, collective action.

b) Minimizes black money entering Korea
If government related institutes take responsibility in managing manpower, we can minimize the commission and black money entering Korea.

3. Problems

a) No transfers to other work places

Key power of the system is still given to employers. This sees migrant workers finding it impossible to transfer to other companies, even if working conditions and environment are not preferable. They are only allowed to transfer if the company has problems, such as bankruptcy, closure, or violation of a contract.

b) Retirement Deposit System (Guaranteed fee on returning to home country)


There will be a yearly bonus deposit system, similar to mandatory deposit. It will cause migrant worker salaries to be held by their employer, to avoid deviation from the work place.
c) No clear or certain limitations related to work suspension
There is a provision where, the employer can make a migrant worker leave for his/her home if the worker does not work sincerely for the first year under their employment permit . This is disadvantageous for migrant workers because the right to renew a contract is given to employers.

Work Permit System (WPS) - Proposed by NGO's

1. What is WPS?

This has been considered by the migrant workers camp, which has raised issues such as,
transferring to other companies when the work condition is not appropriate.
- WPS will be divided into General and Special Work Permits: General Work Permits premise a short period of stay that depends on types/scales of business/working terms, with a maximum stay of 3 years. Special Work Permits apply to long-term legal residents for a period of five years and has no limitation on business fields.

2. Demands and Activities of NGO's

a) Demands
NGO's recognise EPS, proposed by MOL, as second best and want to adopt WPS.
- Abolish the industrial trainee system.
- Establish Law on Migrant Workers' Employment and Guarantee Their Human Rights
- Pardon undocumented workers and endow legal labour rights
- Ratify UN Migrant Convention to protect migrant workers and their families.

b) Activities
- JCMK has run a campaign named 'International Joint Action Day Concerning Anti-War, Peace and Security of Migrants' Rights'.
The Equal Trade Union-Migrant Branch (ETU-MB) held a sit-in rally in Myeongdong Cathedral from April 28, which included four migrant workers. ETU-MB also organised a joint counter plan committee for abolishing suppression of migrant worker rights and obtaining labour visas
2002 / -0 / 7-
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