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Protecting the Rights of Undocumented Migrant Workers
The issue of unpaid wages for undocumented migrant workers does have a solution. Regardless of their immigration status, these workers can still be guaranteed fair compensation under the domestic “Labor Standards Act”. However, experts argue that there is a need for cross-government discussions to establish support measures that can protect these workers.
The Increasing Number of Undocumented Foreign Workers
According to the statistics released by the Ministry of Justice’s Immigration and Foreigners Policy Headquarters in a report published in January, the number of resident foreigners in South Korea has rapidly increased since 2021, reaching 2,146,579. Consequently, cases of wage nonpayment by foreign workers have also been on the rise, with the number of reported cases increasing from 23,885 in 2017 to 29,376 in 2021, and the scale of unpaid wages increasing from KRW 78.3 billion to KRW 118.3 billion over the same period.
The Challenges Faced by Undocumented Migrants
The issue is that undocumented migrant workers who lack legal protection find it difficult to assert their rights when faced with wage nonpayment. The fear of being reported and discovered as undocumented migrants hinders them from reporting the situation and seeking just compensation for their work.
However, experts explain that anyone who provides labor in exchange for wages, regardless of their immigration status, can claim fair compensation. The Article 6 of the Labor Standards Act prohibits discriminatory treatment based on gender, nationality, religion, or social status and recognizes the occurrence of industrial accidents for undocumented workers, which means they are protected under labor laws.
The Ministry of Employment and Labor provides comprehensive remedies for wage nonpayment, regardless of whether a person has violated the Immigration Control Act or not. Therefore, even as an undocumented worker, one can file a complaint with the Ministry of Employment and Labor to claim unpaid wages. The labor inspector can handle the complaint immediately if wage nonpayment is confirmed during the departure process after the discovery of undocumented migrant status.
However, it is emphasized that obtaining legal residency should be the first priority, and a separate system is needed to address marginalized groups and provide them with additional support.
The Reality of Difficulty in Pursuing Legal Compensation
Even though undocumented migrant workers can assert their right to fair compensation by filing a complaint, it is challenging for them to proceed to an actual trial. Often, they face difficulties due to their limited ability to speak Korean and present evidence to prove their labor conditions and wage nonpayment. It is recommended for these workers to gather any material evidence such as employment contracts and bank deposit records and seek assistance from civic organizations or experts to support their claims.
Overall, while there is a legal framework that protects the rights of undocumented migrant workers in terms of wage nonpayment, there is a need for broader discussions among government agencies to develop measures that effectively support and protect these workers.
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