Gov't moves to protect foreign victims of wage theft

Migrant workers cultivate a field in Gangneung, Gangwon Province, July 16. Yonhap

The government is pushing to revise the Immigration Control Act to better protect foreign workers — including those without legal status — from losing wages and severance pay in an effort to strengthen human rights protections in the country.

Officials say the Ministry of Justice is drafting a bill to add foreign workers who are victims of wage theft to the list of exemptions under Article 84. The article currently requires public officials to notify immigration authorities if they encounter migrants who are living in the country illegally. As a result, such workers are reluctant to report unpaid wages or other labor violations, fearing that doing so could expose their status and lead to deportation.

Ministry officials believe this has contributed to widespread underreporting of labor abuses.

“The purpose of this amendment is to strengthen protections for foreign workers, including undocumented migrants, by exempting public officials from the duty to notify immigration authorities in cases where they are identified during investigations into wage theft or other violations of labor law,” the ministry said in a statement to The Korea Times.

“The revision is scheduled to undergo public notice and consultation with relevant agencies between September and October, with the goal of being declared and implemented within this year.”

The revision is also expected to protect those already on the deportation waiting list. Under the new rules, if a foreign worker waiting to be deported is confirmed to have been a victim of unpaid wages or severance pay, local immigration authorities would have to temporarily suspend enforcement of their deportation so the worker can claim compensation.

Moreover, the ministry plans to include tighter controls on employers in that revision. Those who failed to pay foreign employees in the past would face restrictions on inviting or hiring foreign workers in the future.

By easing the risk of deportation for workers who come forward, the government hopes to empower victims to report violations.

Migrant workers, both those in the country legally and illegally, play an increasingly important role in industries such as agriculture, construction and manufacturing amid growing shortages of labor in Korea, particularly in rural regions.

This planned revision is part of the Lee Jae Myung administration’s broader efforts to bolster labor rights for foreign workers here.

At a meeting with senior secretaries earlier this month, the president ordered a nationwide fact-finding investigation into cases of unfair treatment and wage arrears involving foreign workers.

“In line with Korea’s status as a country that has evolved from an economic powerhouse to a cultural nation, the president has emphasized that foreigners staying in Korea must not face unfair treatment. He has instructed that support measures be established for them and ordered the relevant agencies to prepare and submit concrete plans,” said Kang Yu-jung, his spokeswoman.

“The president of Mongolia expressed appreciation for the special care given to Mongolian nationals residing in Korea during his call with our president. Lee mentioned that in conversations with other leaders, this concern always comes up.”

On Sept. 4, the National Human Rights Commission of Korea welcomed the ministry’s efforts for legislation, calling it a positive step for the protection of human rights.