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
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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.