Maltreatment of illegals shocks Korean society

Following is the first in a five-part articles about migrant workers` human rights conditions. - Ed.



By Shin Hae-in



The deadly fire at the Yeosu Immigration Office which killed nine migrant workers has left Korean society in contrition for its indifference toward foreign laborers who have been suffering from inhumane living conditions.

Despite an increasing number of migrant workers from Third World countries, ongoing social prejudices and a lack of protection are brutally crushing their "Korean Dreams."

But because illegal immigrant workers must still be dealt within the law, experts emphasize the need for Korea to seek a balance between the execution of the law and the protection of human rights.

The number of illegal foreign workers in Korea reached 186,894 as of December last year, doubling from the 106,118 in 1999, according to the Ministry of Justice.

Among the total of 910,149 foreigners in Korea, the illegal worker sector takes up over 20 percent, the number increasing significantly when summing up the presumed number of unregistered workers.

Although these foreign workers now take up a large portion of the nation`s manpower, the government has yet to establish an effective system to fundamentally resolve the issue of illegal immigrants.

Because of their illegal status, these workers cannot expect lawful protection at all. With many employers taking advantage of their illegal position, illegal migrant workers are often left in inhumane circumstances.

According to the Labor Ministry, over 1,800 immigrant workers did not receive their promised wages on time last year, totaling 4.5 billion won ($4.7 million).

During the parliamentary audit last October, over 81 percent of foreign workers were found to have been suffering from delayed payments, excessive working hours, dangerous working conditions and physical assaults from employers.

Over 2,000 workers were victimized of industrial disasters in 2005 with more than 70 losing their lives due to the lack of medical treatments.

"Still, what they are most afraid of is being deported back to their homelands. To avoid being expelled from Korea, they risk their health and even their lives," said Pastor Ryu Sung-hwan of the Ansan Immigrant Center in Gyeonggi Province. "Many are hurt and killed during state crackdowns on illegal workers."

In 2004, the government introduced an Employment Permit System to gradually replace the former Industrial Trainee System, under which many immigrant workers suffered from low wages and a lack of health-insurance coverage.

The government expected the new measure to help control the growing number of illegal immigrants and Korea, and contribute in protecting foreign workers` rights by providing them with the same legal protection and welfare benefits as Korean nationals.

But because the system was intended to strengthen the elimination of illegal employment practices of migrant workers, more suffered from the strict regulation.

"The violent crackdown on illegal immigrants leaves most of their lives in danger as most cannot even afford to go to hospitals," said Kim Joon-sik, director of the Seongdong Migrant Workers Center. "I saw many officials forcibly locking in foreigners without warrants.

Legal immigration procedures often take too much time and too much money so many workers choose the shortcut of illegal entry. Even those who came to Korea legitimately become illegal immigrants by remaining here when their authorized period of stay expires.

In order to regain legal status, migrant workers have to first leave the country and wait for a new visa in their countries. But because they may be rejected of work permits, they choose to remain in the country despite a serious potential for infringements of their rights.

There are a total of 23 immigrant detention facilities in Korea where illegal immigrants are temporarily detained before being sent back to their countries.

Over 890 illegal immigrants are detained at present.

These places are named "foreigner protection facilities" but in fact are operated in the manner of jails for criminals with barred rooms, and are under the surveillance of guards.

Although the legal length of detention cannot exceed 20 days, many foreigners are locked in centers for over two years.

In 2005, the National Human Rights Commission of Korea conducted a major inspection on the three largest immigrant offices, including the Yeosu Immigration Office. After the inspection, the human rights watchdog warned all three for maltreatment of detained immigrants - citing overcrowded and unhygienic rooms, poor meals and lack of safety measures.

A coalition of 11 civic groups working for migrant worker rights held a demonstration in front of the Government Complex yesterday, demanding the government come up with legislation to properly protect the rights of detained illegal foreigners.

Experts and civic groups assert that the current incident must provide momentum for Korea to improve its policy and social recognition of illegal immigrants.

"Migrant workers and their families must be guaranteed the same labor and human rights as Korean nationals," said Kim Joon-sik of Seongdong Migrant Workers Center. "For Korea to stand in line with advanced countries, it must be ready to match the global standard on migrant workers` treatment. They are the weaker in the society."

Cho Geum-ho, the chief director of the Migrant Workers Welfare Society in Korea, agreed.

"The fire incident shows what can happen by ignoring the human rights of migrant workers," he said. "Korea must first strive in resolving social prejudices toward foreign workers."

But some experts warn that the current case should not lead to a belief that it is wrong to regulate illegal workers within the law.

"The illegal migrant workers issue cannot be solved with mercy or benevolence," said Prof. Sul Dong-hoon of Chonbuk National University. "Korea must find a balance between human rights protection and rightful execution of the law. All migrant workers must first be brought into the legal boundary."

Sul added that if the process of detention and deportation were legitimate there will be no more disputes concerning the infringement of migrant worker rights.

"The Yeosu tragedy proves that Korea lacks policy to actively deal with accidents in detention facilities," he said. "The case must become an opportunity to set up proper safety measures at all facilities. Such an incident should never occur again. It is a shame to the country."

Pastor Kim Hae-sung, the president of the Migrant Workers Center in Korea said that the illegal migrant workers issue could never be solved as long as employers continue to hire illegal workers.

"In order to properly solve the problem, the employers must be controlled and punished sternly for their action," he said.

Since the early 1990s, Korea has attracted tens of thousands of foreign workers from developing nations for employment in the so-called "3D" (difficult, dirty and dangerous) jobs, which are often eschewed by native Koreans.

The time is more than ripe for Korean society to recognize how much the foreign worker force has contributed to the country`s industrial development and treat them with the respect and understanding they deserve.

(hayney@heraldm.com)