The Foreign Workers' Handbook
Updated February 2000
I. Preface
II. Korea's Labor
Law and Worker Protection
III. Your
rights can be protected even in the following cases.
IV. The
situation of foreign workers in Korea
and measures to ensure their protection
V. Introduction of Korea
I. Preface
This handbook is designed to assist foreign workers in asserting
their
rights as workers in Korea. Korea's standard labor law does
not discriminate
workers based on nationality. For this reason, foreign workers
are protected
under the existing labor law.
But, in reality many foreign workers
are being discriminated in
workplaces. In these cases, knowing the contents and provisions of labor
law is an essential part of exercising one's rights as a worker.
Prior to
your employment in Korea, please read this handbook to comprehend
Korea's labor laws.
Also, please refer to this handbook in case a problem emerges.
This handbook consists of two main parts: one
dealing with main
aspects of Korea's labor provisions that might be
of help to foreign
workers; the other focusing on specific ways foreign workers can
solve
problems. In addition, there is a section on basic
information about
Korea which might be important resource guide while
your stay in
Korea. The latter part of this handbook also provides a
list of various
medical and social service centers. These centers can provide
services
for free of charge or for nominal fees. If you are experiencing difficulties
and problems, please contact the numbers listed on this booklet to solve
your specific needs. Finally, there is a map of subway
routes in the
back for your convenience. When you encounter serious
problems in
Korea, it is very important that you contact
counseling centers for
foreign workers and discuss your problems with
them as soon as
possible. Coming up with specific plans to deal with
your problems
early on is probably the best way of reducing damages
II. Korea's
Labor Law and Worker Protection
2-1 Outline of the Labor Standard Law
Regardless of your nationality, every worker in Korea is subject
to its
labor laws and has the right to be protected. Also, these laws
apply to
trainees and illegal workers. The Labor Standards Law
is particularly
important, and you should know it in detail.
Particularly, the Labor Standard Law is designed to protect workers
by
setting the minimum wage standard. While it is fortnate
to contract
with employers above the standard set by the Labor Standard Law,
the
contract signed below this minimum condition is considered invalid.
In
the case of violations, only those conditions that were
violated become
invalid and must be replaced by minimum conditions stipulated
by the
Labor Standard Law. Therefore, you should not
worry about the
contract itself, since the fact that you signed a contract does not
become
invalid.
Since Labor Standard Law is an important guide
for protection of
foreign workers, you should be familiar with it.
1) Outline of the Labor Standard Law
The Labor Standards Law applies to workers in all
workplaces with
five (5) or more employees (article 10). Taking aside the
employer of
a company, this law applies in workplace where the
total number of
foreign and native workers exceeds five people. When you are about
to
get employed, it might be of disadvantage in many ways to be employed
in a workplace with less than four employees since the Labor
Standard
Law will not be applied in those cases.
But, if you had been working in a
place with less than four
employees and either did not get paid or experienced industrial
accident
on the job, there might be several ways to deal with such
problems.
In this case, please contact counseling centers listed in this booklet.
2) Prohibition of Discrimination
Employers cannot discriminate against you
on the basis of sex,
national origin, religion, or social estate or caste (article
5). Again,
based on this clause, no foreign worker, including industrial trainees
and
illegal foreign workers, should be discriminated in workplace.
Also, the ILO's 111th clause stipulates
that one can not be
discriminated against in terms of employment based on one race,
color,
sex, religion, political orientation, and ethnicity and social background.
3) Prohibition of forced labor and physical abuse
All kinds of forced labor performed against
your will are strictly
prohibited (article 6). In no case can employers physically abuse
you in
any way (article 7).
Even if a worker commits a wrongdoing, this can not be
a basis for
forced labor, overtime work, night shift work,and work on holidays
or
days off.
The Standard Labor Law applies to all aspects of labor,
provided that
more than five people are employed in a workplace (article
10, Labor
Standard Law). If you have been raped or beaten at workplace,
escape
as quickly as possible and contact your nearest foreign worker counseling
center. Since there are usually emergency shelters available in counseling
centers, you should escape at once and ask for help in those centers.
If you incurred an injury, you should get treatment
from medical
centers listed in the booklet and receive doctor's assessment
of your
injury. Then, counselors can help you report these rape
and physical
abuse cases to either police or prosecutor's office
and assist you in
getting compensation for your injuries. Even if you are an illegal worker,
you will not be forcibly returned to your country in these cases. So,
do
not worry about your status.
4) Brokers and/or agents cannot embezzle your salary or wages
Unauthorized brokers or agents should not introduce you to companies
or workplaces (article 8). Those who do so and receive a brokerage fee
or commission for their informal labor introduction,
or those who
regularly take a part of your salary or wages, face a maximum
fine of
30 million won and/or maximum imprisonment of five (5) years.
2-2 Labor contracts and Worker protection
1)Labor conditions
At the time of making your employment contract, the employer
should
explain your wages, working hours, and other conditions (article 22).
If
you find differences between your actual working conditions
and your
employment contract, you can cancel your contract
at any time and
demand compensation (article 23). Also, while maintaining
basic labor
contract relations with your employer, specific contents of contracts
must
change as required by law (article 21). Moreover, you have
the right
to ask for wage increase each year and can ask
for better working
conditions as well.
2) Prohibition of conditional labor contracts
A worker is not liable to pay fines or penalties
for not fulfilling his
contract to work a specific length of time. This kind of
labor contract
is considered invalid. Because this penalty inhibits workers from
moving
to different worksite, it is prohibited by law (article 24).
Though it would be wise not to make such contracts to
begin with,
you do not need to worry about this even if you had already
signed a
contract.
3)Protection of workers under labor contracts
The employer cannot force you to save or deposit
a part of your
salary or wage (artcile 26). Even if you borrow some money from
your
employer, your employer cannot take off that amount from
your salary
or wages without your consent (article 25).
In the case of your
resignation or death, your employer should pay your
due wages or
salary, compensation, and other remaining liabilities within
14 days to
either you or your family (article 30). In the case that
you quit your
job, your employer cannot attempt to blacklist you in order to
stop you
from getting another job (article 31-2).
4) Punishment of violators
As mentioned above, violators of labor contracts
will be punished
according to the labor standard law.
2-3 Things to remember before employment
1) Should choose workplace wisely
It is of paramount importance to choose workplace with caution.
You
should do a background check of your potential workplace. You
should
find out if it has a history of following matters:
delayed or unpaid
wages; industrial accidents; working and living conditions.
2) Must agree on labor terms and conditions
Verify following conditions:
(1) what is the nature of your work? Is it dangerous?
What kind of
safety system is in your workplace?
(2) what are your working hours?
(3) whether or not you have to work overtime,
night shifts, and
holidays and/or days off. If so, you should find out how long
you have
to work and whether or not your consent is necessary.
(4) when is your break?
(5) what is your wage based on 8 hour working day?
(6) whether or not you will get paid for working
overtime, night
shifts and holidays.
(7) Find out the date of wage payment, the time of
wage increase,
and the method of wage increase. Also, whether or not you
must set
aside a portion of your wage.
(8) How much is your pension?
(9) Find out about your housing conditions
(10) How is eating arranged?
(11) Whether or not meals are provided by the workplace
(12) Whether or not you are allowed to go outside on your days
off
(13) Other points of interests
3) You must obtain original or copies of written contracts
The contract based on above mentioned labor conditions
should be
obtained in written form. There are many cases involving labor
contract
violations. In these cases, a written contract can facilitate
the process
of solving problems. If possible, complete the labor contract
in English.
If the contract is written in Korean, you should verify
the contents of
your contract with counselors in the centers listed in this booklet.
It is very important to write down the following
information: your
company's name, address, telephone number, name of your employer,
name of person with whom you signed the contract, etc. It would
also
help to receive at least the business card of your employer.
4) Points you should remember - very important!
It is very important not to sign anything
or finger print on any
document. If you sign a paper without knowing its
exact content, it
may work against you later on. Also, do not surrender your passport
or
plane tickets to your employer. Even if your
employer insists on
holding them, it would be best to keep them with you
at all times.
You can give a photocopy of your passport and/or plane tickets
to your
employers.
2-4. IF you want to receive your wages...
1) Payment of wages
The employer must pay your full salary
or wages in cash on a
specified date every month (article 36). This money must
be given to
you directly. In no cases should your wages be given to other
persons
including your brokers or agents who introduced you.
The employer
should not take off a part of your wages. even
if you had to stop
working due to machine troubles or any other reasons.
Because wage is workers' necessary means
of living, the law
stipulates following conditions:
(1) Direct payment: Wage must be given to
the worker directly.
This is to prevent other people from receiving your wages.
(2) Payment of total wages: This is to
prevent problems arising
from forced savings of your wages. Many employers in the
past have
not paid total wages in order to hold workers in their workplaces.
(3) Payment by cash: Your wage should be in the form
of cash or
check that can be exchanged for money. You should not receive
things
or objects in lieu of cash.
(4) Payment of wages on the specified day of
month: This is to
prevent delayed wages which can bring severe
discomfort to the
workers.
2) Minimum wage
The Korean government has set the minimum wage for the
period of
Sept. 1, 1996¡Aug. 31, 1997 at 1,400 won per hour,
11,200 won per
day, 316,400 won per month, for those who work 8 hours a day or
44
hours a week. If your employment contract sets a wage lower than
the
minimum wage, it is null and void, and the minimum wage is effective
in its place (Minimum Wages Law; article 6).
3) Discharge allowance (severance pay)
All workers who were employed for over
a year are entitled to
severance or discharge allowance. This is required
by the Labor
Standard Law.
If your workplace has at least 5 workers, and you
are discharged,
you must be paid a discharge allowance, which should be at
least one
month's average wages for every year you have worked at the company
(ibid. article 28). Your average wages are calculated
by dividing the
total amount of your wages during the last three (3)
months by the
number of days (89¡92 days) in that period (ibid. article
19).
Particularly, you should remember that discharge payment is based
on
not only your regular salary, but also overtime, night
work, holiday
work and bonus payments. It, then, includes all payments you received
from your employer.
4) Payment in cases of emergency and factory closure
In cases of medical emergency, such
as childbirth, illness, or
accident, your employer should pay you before the designated
payday
your wages for the days you have worked (ibid. article
37). In case
your company's operations are temporarily shut down due to things such
as disorder or electrical or water shortages,
and the employer is
responsible for the shut down, the
employer should pay you
compensation equal to at least 70% of your average wages
during the
shut down period (ibid. article 38).
2-5. Working hours and allowance payment
1) Working hours
Working hours is defined as the time you spend doing company
work
at workplace, excluding break time. Also, meeting,
preparation for
work, cleaning and other company related hours are
included in the
working hours.
The working hours for one work day should normally
be no more
than eight (8) hours, or 44 hours a week. If you agree, you can
work
overtime totalling not more than twelve (12) hours a week (article
42).
If you work four (4) hours continuously, you should be allowed at least
a 30 minute break, and if you work for eight (8) continuous hours, you
should be allowed at least an hour-long break which you
can take at
your convenience (article 44).
2) Regular pay - Standard wage of calculating allowance
payment
If you happen to work overtime, nightshifts and on holidays,
you are
entitled to extra (premium) wages. Because this extra wage
is based
on your regular pay, you should know exactly how much your
regular
pay is. Also, your extra wage is based on service
allowance, long
service allowance, and danger allowance. Because people
sometimes
neglect to add other allowances, you should take a note of this.
3) Allowance for working overtime, nightshifts and on
holidays
You should receive wages equivalent to 150% of your ordinary
wages,
when you work more than 8 hours a day or 44 hours a week. This also
applies if you work the nightshift or work on holidays or your
days off.
The nightshift means the shift between 9 p.m. and 6 a.m.(article 46).
In order to receive these allowances properly, you should
maintain a
record of hours you worked each time. It would be
quite useful to
keep all your receipt of payment, including the envelop that comes
with
your wages.
2-6. Holidays and Vacations
1) Paid day-off
Your employer should give you a paid day-off per week
(article 45).
Paid day-off means literally you should get paid
for a day without
working. If you did not take any day off
in a week for personal
reasons, then you have worked a full week. Also, even if
you do not
work overtime or on holidays, it has no bearing on this clause.
If you
work on days you are supposed to be off, then you are entitled to 150%
of your regular wage.
2) Monthly and annual paid leave
Your employer should give your one (1) day's paid leave
per month
if you have not been absent for work (monthly paid leave, article
47).
Your employer should also give you ten (10) days' paid
leave if you
have a perfect attendance record throughout the year, or eight (8) days'
paid leave if you have attended more than 90% of the working days that
year. For each full year that you have worked at your company,
you
should get one (1) day extra of paid leave in
addition to the basic
annual paid leave (article 48). For instance, a person, who worked
for
more than three years and has not missed work for one year, is entitled
to ten paid leave plus two additional paid leave days, totalling
12 paid
leave days.
3) Method of using vacation days
A worker is entitled to use vacation days any way
he wishes within
one year. A worker can use monthly and annual leave days together
or
separately. Also, you are entitled to use them anytime you
desire and
by any means. If you worked continuously through leave
days, then
you are entitled to 100% of additional allowance rate.
2-7. Protection of women workers
If you are a woman worker, your employer must give
you one (1)
day's paid menstruation leave every month (Labor Standards Law. article
59). If you are pregnant, you can request that you
be given lighter
tasks, and your employer must provide this. Also, your employer should
not let you work overtime if you are pregnant. Finally, you are
entitled
to a total of 60 day's paid leave before and after your delivery, and
you
should be allowed at least 30 days rest after delivery (ibid. article
60).
2-8. Safety and health
Based on industrial safety and health law, employers are
required to
provide all the necessary conditions for safe working environment.
In
order to prevent industrial accidents, establishing
safety devices and
safety measures should be the first precautionary step to be
made. If
you feel accidents could occur in your workplace, you should
request
your employer to install safety devices.
Also, employers are required to brief on safety measures
when new
workers are employed or a worker performs different tasks in the
same
job. In addition, all companies are required to provide safety
education
for at least two hours per every month. Foreign workers,
especially,
should not jump into new jobs immediately, but
should ask their
employers to provide safety tips and education.
Moreover, employers are required to conduct medical exams
on their
employees at least once a year. Especially in high risk jobs,
employers
must perform special medical exams on their employess at least
once in
six months. The medical examination fees, of course, must be paid
for
by employers.
Needless to say, maintaining one's health and life
is of paramount
importance. Even if you are entitled to compensations for your
injuries,
you can not change the fact that lost health or life will not ever return.
One must pay special attention in maintaining
health and should
request precautionary measures from one's employers.
2-9. Labor unions and communal action
1) Foreign workers can also become labor union members
In order to improve working conditions of laborers, they
have rights
to form organizations, exercise collective
bargaining and conduct
collective strikes. In turn, they mean the following:
right to form organizations - since an
individual alone can not
effectively deal with his/her employer, workers themselves have the
right
to form an organization to defend their rights.
right to exercise collective bargaining - this implies
workers rights to
bargain or negotiate their working conditions with their employers
on a
collective basis. This right is given to workers
so that no single
individual has to deal one on one with his/her employer.
right to conduct collective strikes - every worker also has the
right to
strike and/or fight for working conditions suitable for his/her needs.
However, due to the limitation placed on industrial trainees
and illegal
foreign workers, they are in fact denied access to labor unions.
However, whether foreign or domestic workers, they should make
an
effort to create or join labor unions to improve their working
conditions
and to assure their rights as workers. Only in this
way workers can
defend their rights and lead more humane lives.
Thus far Korean labor unions not only failed to pay
attention to the
problems of foreign workers, but also neglected to carry on activities
to
protect foreign workers and to provide necessary means to
form labor
unions for foreign workers. Recently, however, Korean
labor unions
obtained interest on such issues and will, in due course, provide
those
means for foreign workers.
In view of examples provided by Germany and Japan,
I believe that
foreign workers in Korea will be able to join
its labor unions. In
Germany, for instance, all foreign workers are entitled
to join labor
unions and constitute about 8% of entire union members in the country.
In Japan, illegal foreign workers are defending their rights
by joining
Japan's labor unions.
Ultimately, foreign workers themselves should maintain
interest in
forming labor unions and participate in domestic labor unions'
efforts to
improve working conditions of workers.
2) Situation of Korean labor unions
Currently, there are about 7,000 company based unions
Korea and
roughly 1.7 million workers are their members.
Among big size
unions, the membership ranges from 20,000 to 50,000.
These are
usually in such large industries as shipbuilding, automobile production,
and communication services. At the same time, there
are relatively
small labor unions in small and middle sized industries
whose labor
union membership is no more than one hundred.
Also, while the most common form of labor unions is company based,
there are regionally based labor unions as well. For
foreign workers
employed in small to middle sized companies, it would be
much more
effective to join regionally based labor unions. Furthermore,
while there
are unions for workers employed in factories, such non-factory
related
workers as writers/reporters/journalists, hospital, research,
bank, and
transportation workers have created unions of their own and have formed
solidarity with unions in different industries to
struggle for common
cause.
The company based unions have formed industry
wide unions and
this, in turn, got together and formed even larger national union
called
the National Center. In this way, they are forging
a unified effort to
strengthen their collective power.
As a side note, currently the National Center
is divided into two
camps: one is called the FKTU (Federation of Korean Trade Union) and
the other, KCTU (Korean Congress of Trade Unions). The latter
was
created recently on November 11, 1995.
Usually Korean labor unions engage in a struggle to increase
wages in
Spring (March to July). In these times, strikes sometimes
last for an
extended period of time.
3) The relationship with Korean labor unions
It's true that workers can relate to other
workers. The common
bond that ties workers together stems from the fact that they get paid
to
work for others. Workers of all nations are one.
If you happen to
come across a worker who engages labor union activities,
I hope that
you can feel free to tell your stories and show interest in labor
unions.
And let's discuss ways to organize foreign
workers through labor
unions, together.
III.
Your rights can be protected even in the following
cases.
3-1. Unpaid wages
1) If your employer doesn't pay you your wages
on the promised
payday or doesn't give you the full amount, you should go to your local
government labor office and appeal your grievances. The Korean Ministry
of Labor will make your employer pay the remaining amount
owed to
you. In addition, the Korean government announced that the Ministry
of
Labor will start handling such cases for all foreigners, whether
they are
legal or illegal.
2) If your employer continuously delays the payment of
your wages,
you can appeal to a court, asking for a court
order to collect your
overdue wages. If the unpaid wages owed to you is not more
than 10
million won, your case is called a "proceeding for a small
sum," and
such cases can be decided in a relatively short period
of one or two
months. If your employer does not pay you your wages,
you should
seek legal help within three (3) years (ibid, article 41).
3) If your employer is a subcontractor and goes bankrupt
and cannot
pay your wages, you can demand that the orderer of
the contracted
services pay your wages.
4) Before going to a labor office or seeking legal
help, you should
consult with volunteers and counsellors helping foreign workers.
3-2 Injuries in the Workplace
1) In workplaces employing five or more
workers the industrial
accident compensation insurance policy of the Ministry of Labor pays
the
medical costs and compensation in cases of injury
and illness in the
workplace, without asking who is at fault.
2) The entire cost of treatment should be covered by the
Ministry of
Labor. During the period of recovery, the worker should be paid
70%
of the average wages. In addition, those who are permanently disabled
or handicapped after treatment can receive compensation
based on the
degree of their disability in a lumpsum or in the form of a pension.
In
the case of a death, the amount of compensation paid to
the worker's
family is equal to 1,300 days' average wages. Funeral
expenses are
calcuulated as 120 days' average wages. Also, cases of recurrent injuries
or relapse are to be covered by the industrial accident
compensation
insurance.
3) In addition to the compensation covered by the
insurance system
run by the government, you can file a civil suit
to collect damages
against the company. If you win the case, the court will
calculate the
amount of the damages depending on the degree of responsibility of your
employer and the seriousness of the injury or illness. You
can receive
the money equivalent to the difference between damages calculated
by
the court and the money alreadly paid
by the industrial accident
compensation insurance. In such civil
court cases, witnesses are
needed. So, you should write down the
telephone numbers and
addresses of the Koreans and foreigners in your workplace, so
you can
contact them if necessary. You should also keep photographs
of the
machine and the location of the incident, and get written
or recorded
testimony from witnesses.
4) If your employer doesn't ask the local
labor office to pay you
damages from the industrial accident compensation
insurance system,
you or your family can appeal to the local labor office
directly. Please
note, however, that the industrial accident
compensation insurance
system does not apply to small workplaces employing
less than 5
persons. You should seek legal help in order to collect
damages for
injuries in small workplaces.
5) Industrial accidents includes industrial disease and industrial
injuries
occurring at the workplace. Both can be covered
by the industrial
accident compensation insurance. Industrial injuries are
those incurred
during working hours and even during ceremonies or festivals organized
by the company. Industrial disease includes all illnesses
caused by the
working environments, such as backache or muscular pain
caused by
handling heavy weights or working in uncomfortable positions, and other
physical problems brought about by the use of organic solvent
(thinner)
and chemicals.
6) If you are injured, the emergency medical care you first
receive is
very important. If possible, you should try to seek doctors
specializing
in your type of injury. If your finger is cut off at work,
for example,
you must ask to be taken to a large hospital within
24 hour so that
doctors can perform microscopic surgery to reconnect your fingers.
7) If you happened to be injured and deported, or in the case
of your
death, you and your family members might not be able to
collect full
damages due to the lack of knowledge about Korean
law. So, you
should seek the help of volunteers or counsellors whenever you have
had
an industrial accident. During the period of treatment, you should refuse
to work and must take care not to be deported.
3-3. Violence or confinement
Your employer should never physically harm
you or confine you.
Otherwise, he might face a maximum fine of
30 million won or
maximum imprisonment of five (5) years. In the cases of physical abuse
or confinement, you should flee and seek the help
of volunteers and
counsellors who can help you appeal
to the police, the public
prosecutor, and the local labor office. Even if you
were only slightly
injured, you should show the officials your medical certificate
signed by
your doctor ascertaining your injury (See
the list of hospitals in
appendix)
3-4. Discharge
You should not be discharged or inflicted penalty without
fair reasons
that can be justified. Your employer who violates
this can face a
maximum fine of 30 million won or maximum imprisonment of
5 years
(Labor Standards Law. 27). In the case of unfair discharge, you should
first make a protest against your employer. Then, you should appeal
to
volunteers or counsellors for help.
Even if you were justifiably discharged, you have
the legal right to
receive full backpay and discharge allowance. If you
were discharged
without having received at least 30 days' notice, your employer
should
pay you an amount totally at least 30 days' normal wages (ibid. 27-2).
3-5. Passport, search and arrest, and fine
1) In Korea, the entry, departure, and stay
of all foreigners are
managed according to the Immigration Control Law.
In many cases,
employers confiscate and hold the passports of workers
in order to
prevent and control their movement.
2) If a warrant of protection
is issued by the court, Korean
immigration officials may keep you under
their custody at the
'Foreigners Protection Facility' at Whikyoungdong,
Seoul. In such
cases, immigration officials should give written notice
of the period,
place and reason of custody to your husband or wife, family members,
relatives, or other persons indicated by you, within 3 days(Immigration
Control Law. 54). During the period of
custody, you may be
investigated. Also, they may punish you based on the answers you
give
at this time. You have the right to remain
silent and not make
self-incriminating statements. You should assert your right to
call for a
translator and a lawyer, who can help you get treated fairly.
3) You have the right to demand unpaid wages, even if
you worked
illegally. Ask assertively that the Immigration Bureau get you
your back
wages. You also have the right to receive visitors
at the 'Foreigners
Protection Facility.' So, even while in custody, you can arrange matters
related to unpaid wages and other affairs. If the
Immigration Bureau
tries to deport you before you get your back wages or before you
have
fully recovered from an industrial accident, protest strongly.
4) If you are arrested by the police, you should demand
a translator
and try to contact volunteers, counsellors, or the
local association of
lawyers. You have the legal right to reamin silent while being questioned
by the police. In some cases, the police might write incorrect
facts on
the papers recording the questions and your answers. You
should not
sign any document which you cannot understand, even if they
stongly
urge you to do so. In general, you should not answer
questions of
police until your lawyer arrives. After your lawyer gives you advice,
you
may wish to cooperate with the police investigating your case.
5) If you want to return to home and your passport
is still in the
hands of your former employer, you should visit your country's embassy
to receive a certificate of your nationality. Then, you
may go to the
immigration office.
6) If you want to return to home but you have overstayed
your visa,
you may be questioned by the immigration officials about your
behavior
violating Immigration Control Law. Afterwards, you may be punished
or
fined according to the Immigration Control Law. So, you should consult
with counsellors or lawyers before going to immigration
office. You
should realize, however, that the Korean government does not pay
the
travel costs for you. If you are unable to pay for your travel
costs, you
may have to stay in the 'Foreigners Protection Facility' or 'Immigration
Office,' until your friends or relatives can send you money.
You can
save some money if you buy your air or passage ticket at
a the travel
agency before appearing in front of immigration officials.
3-6. Banking and Remittance
Foreign workers, particularly illegal foreign workers,
experience a
number of problems trying to send money to their families.
In their
attempt to send their hard earned money to their
countries, foreign
workers often rely on their friends and/or companies
for which they
work. In many situations, these intermediary persons take
the money
and run. Also, there have been cases where foreign
workers lost all
their savings to a robber.
Currently, foreign workers can open an account in
most banks in
Korea simply by presenting their passports. This is
possible even for
industrial and illegal foreign workers. If you do not
have a passport,
you can still open an account with a photocopied
version of your
passport. In this way, you can protect your money
from robbers or
prevent losing them accidentally. Also, when you open an accont
with a
bank, ask for a cash card which will allow you to
draw money from
virtually anywhere in Korea. If you do not have a cash card, then
you
can simply use your bankbook to draw and deposit money at your
bank
or its branches. In case you are still worried, you can
request one of
the counselors to go with you to a bank. Also, since
it is crucial to
punch in a secret code, you must not allow other people to know
your
secret code. You should not even reveal the secret code
to a Korean
person who might go with you to the bank. In
case you lose your
bankbook, you can always obtain a copy of it by presenting your
secret
code and account number. Inversely, if you happen
to find or steal
another person's bankbook, you will not be able to draw money
given
that you do not have its secret code.
If you wish to send money to your families,
you can send upto
(U.S.)$10,000. As you may already know, you should go to
a bank
with someone you can trust. In this case, it might be a
good idea to
go with one of the counselors from the counseling centers listed
in this
booklet.
IV. The
situation of foreign workers in Korea
and
measures to ensure their protection
4-1. Reforming measures for foreign industrial trainees
The Ministry of Labor instituted some changes in
the law which will
affect foreign industrial trainees in Korea.
Any provisions in your
employment contract which conflict with these changes must be
revised
by February 28, 1995. These changes will be in effect starting
March
1, 1995.
1. Korea's labor laws provide protection for foreign technical
trainees
in several ways, beginning March 1, 1995.
a. The employer must pay your full salary in cash on a
specified day
every month. This money must be given to you directly.
In no case
can your employer give your wages to other persons,
including your
sending company, sending agency, or brokers who introduced
you to
the company.
b. For working 8 hours a day, or 44 hours a week,
you must be
given at least the minimum wage of 1,400 won/hour, 11,200 won/day,
or 316,400 won/month. Of course, your company may pay you a wage
higher than the minimum wage. If your employment contract
sets a
wage that is lower than this minimum wage, then, that
wage in the
contract is null and void, and your contract must be revised by February
28, 1995, so that you can receive either the minimum wage or a higher
wage.
c. If you work more than 8 hours a day or 44 hours
a week, you
must receive 150% of your wages for your overtime work.
The same
applies for if you work the nightshift, on holidays or on your days
off.
d. The industrial accident compensation policy
of the Ministry of
Labor pays for the medical costs and compensation for your
injury or
sickness due to work. It does not matter who is at fault.
You can still
receive compensation. Also, even if you have a non-work related
injury
or accident, the Medical Insurance Law states
that your illness or
sickness will be covered by insurance so that most
of your medical
treatment costs will be paid for.
e. Your employer should never physically harm you
or lock you in
the company or factory against your will. In such
cases, you should
flee and seek the help of volunteers and counsellors who can
help you
get medical treatment and appeal to the police, the public
prosecutor,
and the local labor office. Even if you were only slightly
injured, you
should show the officials your certificate of medical treatment
signed by
your doctor which will serve as proof of your injury.
f. Your employer must institute practices in the workplace
to provide
for occupational safety and industrial hygiene,
for example, safety
mechanisms on machines and harmful substances control. Also,
your
company must provide you with free medical check-ups at least
once a
year.
2. In order to protect the trainees, the law will be revised
so that the
government can increase its supervision of companies to
enforce their
new guidelines.
a. Companies which do not obey these guidelines will
be subject to
inspection. An inspector from the Ministry of Labor
can punish your
company if they do not follow the guidelines according to the law.
b. In case your company does not follow the guidelines, and
you feel
that your rights have been violated, you should report the misconducts
to the Ministry of Labor and other organizations which can help you.
c. You have the right to keep your passport in your own
possession,
and no one, including your employer, should violate this right.
Also,
on holidays or your days off, while you are not working, you should
be
free to go in and out of the factory as you like.
3. Education of the trainees will be reinforced. The education
period
before you enter Korea will be extended to 2 weeks (before,
it was 6
days). The education period after you enter Korea will be
extended to
1 week (before, it was 2 days).
4. In addition to these changes, the laws concerning your
transfer to
another company and the hiring of illegal workers,
including trainees
who have escaped from their original factories will be made more strict.
4-2. Our Suggestion to Solve the Migrant Workers'
Problem in
Korea
The foreign industrial trainees' cry
for help in Myoung dong
Cathedral this past January is still ringing in our ears. "Don't
Beat Us
Up!" "Pay Our Salaries." "We Are Not Slaves!" "We Are Human "...
Korean citizens who heard their desperate outcries realized that we
must
stop these brutal persecutions. The press reported the horried
situation
of foreign workers, and the government finally
promised to make
changes in the existing system of employing
migrant workers from
overseas.
Unfortunately, a little has changed since their public
plea. In fact.,
the situation has worsened. It appeared that the government attempted
to
revise the existing law by introducing an amendment which would permit
employment for foreign workers. As the public opinion quieted
down,
the talk of reform simply died without any concerted effort to
solve the
preblems. Today, an increasing number of foreign trainees are
coming
into our country under the same condition.
By the end of August this year, 9,371(33.4%) out of 27,981
foreign
trainees left their assigned factories. espite this fact,
the government
planned to bring in at least 20,000 additional
trainees with some
discussion of increasing the number to anther 30,000
without making
attempt to improve the current technical trainee system.
Even though a considerable number of foreign trainees escaped
from
the factories with which they signed contracts. The government has only
increased measures to apprehend and repatriate foreign workers.
In the
mean time foreign workers have been deprived of their human rights and
have been subject to a number of maltreatments such
as low wage
(300,000 won or less a month), forced overtime and
holiday work,
industrial accidents, exploitation by employmint recruting
agencies,
surrendering passports to employers and/
or agencies, physical
confinement and abuses.
At the same time, illegal foreign workers are not
in any favourable
condition than the trainees. Those who entered through the
contact of
companies overseas, in fact, are in much worse situation. They
receive
some where between 80,000 to 120,000 won per month and
have no
medical/accidental insurance coverage in case of injuries on the job.
To solve these problems, we need to intrduce much more flexible
and
coopereative system of employing foreign workers in Korea. We must at
once do away with the current system of importing
foreign workers
under the guise of "traineeship" and the sustaining violation
of human
rights of workers. Bringing in foreign workers without concrete
plans
can only upset the labour market situation and contribute to the
decline
of moral fabric of our society. We can not simply allow this to
happen
and, therefore, need to establish public opinion which would
help us
constrct much more democratic means to deal with impact
of foreign
workeres in Korea.
If we come to an agreement that our society can benefit
from foreign
labour force, then we must not only their human
rights, but also
establish cooperative and effective system of employing foreign
workers.
Such steps will ensure better ties with foreign nations and contribute
to
a smooth globalization process already in the making.
We firmly proclain again that no human being should be
deprived of
his inalienable rights. Even the illegal migrant workers must
be assured
of their rights as workers and be given fair and proper treatments.
They
must not be discriminated nor harrassed in work places.
We must come to grips with the reality that
over 100,000 migrant
workers are present in Korea. They are not simply laborers but
human
beings with feelings and emotions. They have become
our neighbers
whether we like it or not and must be treatred with respect.
As such
,we must find ways to live together harmoniously and
overcome the
existing system that unfairly persecutes and oppresses migrant workers.
The following list is what we consider to be appropriate
measure to
improve policies pertaining to foreign workers in Korea.
1. We need to establish cooperateve policies regarding foreign
workers
by making possible public forums and discussions
and through a
democratic decisions making process.
2. We need to abolish the contradictory company trainee
system and
develop ways to treat foreign workers equally and fairly.
3. In order to secure human rights of foreign workers,
the so called
"Foreign worker protection law" must be implemented. The substance of
this law is as follows:
a.As a third party to management and workers a public
entity must
be in charge of managing and introducing foreign workers.
b.While admitting foreign workers through inter
governmental ties,
the sending countries must establish public
entities which would
elimimate private recruiting centers that squeeze hard earned wages
from
the workers.
c.We need to recognize the trainees as labourers
and provide the
same labour rights as the natives by insuring the third labour
code and
applying domestic labour laws equally to foreign trainees.
d.The social welfare provisions must apply indiscriminately
to foreign
workers.
e.Prior to their embarkation, foreign
workers should be given
opportunities to be educated on Korean language, on the job skills
and
adapting to Korean society.
f.For those companies employing foreign workers,
they must learn
about sending
countries' culture through educational programs.
g.In order to solve the reality of "forced
labor"situation, foreign
workers must be given the freedom to move from one company
to the
other.
h.A system of bestowing rights to foreign workers must be established
through the government channel which acts as the third party.
i. Upon arrival, placing foreign workers must be systemized.
4. In addition to the implementation of
the new system illegally
employed foreign workers must be pardoned and must be given
lawful
identity. Furthermore, the system of penalizing those
who voluntarily
identify themselves as "Chinese" must be abolished.
5. Those trainees who came through
the overseas company
sponsorship must be treated equally as other trainees.
V. Introduction of Korea
5-1. Location and Population
The Korea peninsula is located between Japan and
China. Due to
foreign influences and ideological differences, Korea was
divided into
two, North and South, since 1945. In the South,
approximately 45
million people reside in tight geographical spce. For this
reason, the
population density is considered to be quite high as well.
The capital
city of South Korea is Seoul in which 10 million people live.
There is a
number of cities surrounding Seoul, including
Songnam, Anyang,
Puchon, Uijongbu, Kwangmyung, Siheung, Uiwang,
Kunpo, Kuri,
Mikeum, Kwangju, Koyang, Hanam. These cities combined are
called
the Capital Region where 1/3 of entire Korean population reside.
The
name of the city, "Kwangju," may cause some
confusion for some
people, since there exists another city called
"Kwangju" in Chonra
province. The latter city is a large city with population
over 1 million.
When occasions arise, it would be helpful to distinguish between
these
two cities.
5-2. Climate and Weather
Korea is considered as having relatively warm climate.
But it has
four distinctive seasons. Based on the climate, Korea
can be divided
into Central and Southern regions, where the former includes both
the
Capital Region and the Choong-Chung Region. In terms
of location,
the lower part is included in the Southern Region,
but there is little
difference in climate.
In Spring (from March to May), a number of skin
or eye related
illnesses occur as a result of "sandy dust wind" coming
from mainland
China. For this reason, there is a need to take precautions during
this
time. Also, during the Summer (from June to August),
rainy season
begins starting from mid-July.
The winter weather usually consists of three days of
biting-cold and
four days of relatively warm climate. This condition repeats
itself from
one week to next. Because the temperature may drop to minus
15-20
degrees in some harsh winters, one may need to prepare
for these
conditions. For people who come from warm climate, winter
in Korea
may be hard to bear. In preparation, one might find
extra layer of
clothing and electric blanckets quite useful.
Because common colds spreads widely during a change
of seasons,
one need to take extra care when temperature changes rapidly.
Also,
due to difficulties at work or changes in diet and conditions,
common
colds can last longer than usual. A Filipino worker,
who could not
withstand harsh cold weather, fell asleep with the
heater turned on
high. The room caught fire in his sleep and died from it.
If you experience pain or abrupt changes in your health, do not
try to
overcome the pain by not doing anything. This
handbook contains
various medical centers where you can visit to take care of most of
your
health problems. If you miss the opportunity
to fix your health
problems early on, then it will be several times more difficult
to treat
them later on. It would be wise to examine early and treat
it as soon
as possible. These medical centers treat health
related problems of
foreign workers at a reduced price, so you will be able
to treat your
illnesses quite cheaply and easily. If you happen
to develop serious
illnesses needing in-depth or extended treatment, please do not
hesitate
to discuss the matter with any of the medical centers indicated
in this
booklet. Particularly, the hospital in the labor welfare
center treats its
patients at a very low cost, but one's application must be accepted
and
approved by the center. In some cases, hospitals affiliated with
religion
centers treat foreign workers, who can not afford
to pay for their
hospital costs, for free.
5-3. Cultural Background
Traditionally, Korea has been deeply influenced
by Confucianism.
Confucian ideas continue to guide the relationships between parents
and
children, elders and the young, teachers and pupils.
Consequently, Koreans regard highly of basic etiquette
and norm in
human relations. As Korea's industrialization
and urbanization are
developing rapidly, such Confucian ideas have declined in
importance.
Though young Koreans are becoming more individualistic
like in the
Western countries, still fundamental ideals and doctrines of Confucianism
remain.
The Korean society traditionally has been centered
on agriculture.
For this reason, they consider rice farming based on family
and blood
relations to be of paramount importance. Due to rapid industrialization
beginning in 1960s, only small number of farmers remain
in the rural
areas and the majority of the population are either self-employed
or are
laborers.
Historically, Koreans have not only utilized isolationist policies
towards
foreign countries, but also viewed foreigners with suspect. The
primary
reason being that Korea was repeatedly invaded by neighboring countries
and was under colonial rule for many years.
Moreover, Koreans seldom express their feelings, whether
happiness
or sadness, to others. In this way, Koreans
are expressionless as
compared to people from other countries. In general, Koreans
also do
not show their inner thoughts and feelings to foreigners
who tend to
smile or laugh a lot. But, unlike their outer expressions,
they may
have kind and warm hearts.
Though Korea's traditional religion has been Buddhism, Christianity
is
now being widely accepted. Regardless of one religious
background,
everyone has the right to be treated equally in Korea.
5-4. Korea's industrial and manufacturing complex
Korea is an export oriented nation.
Having developed agricultural, mining and forestry
industries in the
1960s, Korea is presently undergoing rapid developments in chemical
and
services industries.
The industrial complex of Korea have distinct regional
personalities.
The industrial complex simply refers to a area where same
or related
industries are concentrated. This comprehensive design was
developed
in an effort to increase productivity and efficiency.
These industries are divided into several key regions,
including the
Capital Region, Choongchung, Chonra and Yungnam areas.
The Capital Region consists of small to mid-range light
industries as
well as electronic, textile and machinery complex.
In Seoul, small
factories are concentrated in the cities of Kuro, Onsu, and Sungsu.
In the Inchon area, machinery, automobile, chemical,
and plastic
factories are concentrated in the following export processing
zones: 3rd
and 4th export processing zone in Bupyong, 5th and 6th zone in Jooan,
and 1st and 2nd zone in Namdong complex.
Centering on oceansides, Ansan's Banwol and Sihwa complexes
have
chemical factories and dye works. In Siheung, Sungnam,
Uijongbu,
Kuri, Anyang, Kwangju (Kyunggi), and other cities
have numerous
factories that manufacture diverse goods.
In Choonchung province, cities such as
Taejon and Chungju are
developed in textile and electronic industries, while
nonferrous metal
refinishing factories are located in Onsan.
The southern coastal areas of Kyungnam are commonly known as
the
center of Korea's heavy chemical industries. They
include: the steel
industris of Pohang, petro-chemical and heavy chemical complexes
in
Ulsan, machine industry in Changwon, free trade
zone in Masan,
shipbuilding capital of Koje island, chemical industry in Yuchon.
Aside from this, a number of small size factories
are located in the
following areas: textile factories and dye works in Taegu; electronics
and
textile industries in Kumi; textile, rubber,
footwear and machine
industries in the leading harbor city of Pusan.
Korea is not only undergoing rapid industrialization and global
market
expansion, but also experiencing multinational industrialization
through
technological advancements and investments abroad.
5-5. Employment situations of Koreans
Koreans are employed in the following industries:
16% in the
primary industry as in agriculture; 34.5% in secondary
industries in
mining, construction, and gas & electricity; 49.5% in
tertiary service
sectors.
The current trend shows an increasing employment
opportunities in
service jobs, while employment in manufacturing sectors have declined.
Since there is a tremendous shortage of Korean workers in jobs that
pay
low wages, the government and small to middle sized
companies are
supporting the plan to import foreign workers to fill this gap.