Undocumented ethnic Koreans eligible for new amnesty program

Pedestrians fill a street in Seoul, Aug. 31. The government launched an amnesty program this month for ethnic Koreans living in the country without legal status. Yonhap

The government is launching a special amnesty program for undocumented ethnic Koreans of foreign nationality as part of broader immigration reform efforts.

Starting this month, the Ministry of Justice has begun accepting applications for the program, which allows ethnic Koreans and their families to gain legal residency if they meet certain criteria.

“This legalization policy is being implemented to grant residency status to ethnic Koreans with foreign nationality staying unlawfully, who demonstrate linguistic and cultural ties to Korea and a high potential for social integration, in order to promote the inclusion of fellow Koreans and revitalize the economy,” the Ministry of Justice said in a statement sent to The Korea Times recently.

This is the first government initiative aimed specifically at undocumented ethnic Koreans.

The ministry said it introduced the program for ethnic Koreans to mark the 80th anniversary of Korea’s liberation from Japanese colonial rule, adding that it seeks to “reembrace fellow Koreans who were forced to migrate or were taken overseas during the colonial era” and to foster “social integration and national unity.”

After collecting applications, which will remain open until Nov. 28, the ministry will conduct a review of factors such as health conditions and criminal records before determining whether applicants are eligible for the program.

Potential amnesty recipients must pass background checks and pay a penalty for overstaying, although the penalty will be reduced compared to those normally applied. Those approved may have their previous visa status restored, although in some cases they might need to leave and reenter the country to regain legal status.

However, the ministry emphasized that this amnesty policy does not mean a broader relaxation of immigration controls or a departure from its goal of reducing the number of unauthorized residents.

“An increase in undocumented foreign residents here causes various social problems such as intensifying competition for jobs among ordinary citizens and a rise in foreigner-related crime, and also creates difficulties in implementing rational foreign workforce policies,” said the ministry, reaffirming its plan to cut that number to below 300,000 by the end of 2027.

“A multifaceted and consistent policy to reduce the number of undocumented foreigners will be implemented, including a continuous system for monitoring immigration violations, actively encouraging voluntary departures and taking preemptive measures against new occurrences,” it noted.

As of June, the number of undocumented foreigners in the country stood at 377,000, according to ministry data. The figure peaked at 430,000 in 2023 before declining amid intensified crackdowns under the previous administration.

But amid increasing worker shortages, there have been rising calls from local officials, as well as farmers and other employers in labor-intensive industries, for the central government to shift away from a crackdown-focused approach to undocumented migrants.

Park Jung-hyun, head of Buyeo County in South Chungcheong Province, said in April that there should be a “more flexible approach” to reflect the reality of the labor situation in rural regions, where farmers rely heavily on labor from undocumented migrants.

“In addition to crackdown policies, the ministry will also implement measures to expand the supply of seasonal foreign workers and temporarily lift restrictions to protect those who are victims of unpaid wages or industrial accidents, ensuring the protection of human rights,” it said.