Intimacy State and Society With Migrant Workers

8/7/2019 Intimacy State and Society With Migrant Workers

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Article: Yuniarto, Paulus Rudolf, co writer, Multicultural South

Korea: Intimacy State and Society with Migrants Workers, in

Trebuil, Ingon (Ed), 2009, On The Update on ASEAN and

KOREAN Studies 2008. ASEAN University Network (AUN) andKorean Association of Southeast Asian Studies (KASEAS),Page

97- 135.

Multicultural South Korea: Intimacy State and Society

with Migrants Workers

By: Paulus Rudolf Yuniarto*

Abstract

This paper presents the study of multicultural society in South Korea.

The idea of multicultural Korea is originated from the initiative of

the state and society groups (NGOs) in managing all migrant issues.

The role of the state and NGOs represent as an important element in

the management system of foreign workers in South Korea. The

relation between the government and society in settling migrant

problems is an intimate relation form because the three elements

(government, society and migrant groups) are supporting and also

complementary to one and other. The government policy on the

management of migrant problems is a constructive endeavour to

modernise South Korean society.

Key word: Migrant Policy, NGO, Migrant Workers and

Multicultural Society

Introduction

The landscape of international migration in South Korea has

become increasingly diversified as a result of the effect of neo liberal

international division of labour together with the improvement in

South Korean economic standards (Cho Uhn, 2007:5; Young-bum,

1994). The phenomenon of South Korean foreign workers came into


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being in these circumstances. Accordingly, diverse foreigners

migrate to and settle down in this country.

The substantial increase in the number of foreign workers

has aroused much attention by the accompanying problems. Today,as we can see in South Korea, the terms multiculturalism,

multicultural family, or multicultural society have been popularised

not only for government policy-makers and academics scholar but

also for NGOs activist and common people to paraphrase the current

multiracial and multiethnic foreign migrant workers trend in South

Korean society (Cho Uhn, 2007:5). According to the report of the

Dong-A Ilbo, one of the major newspapers in South Korea, the

increase of foreign migrant is challenging the Koreans belief in

national identity as a homogeneous people: foreign migrants may

stay permanently in Korea, which will make the society to be

heterogenic; meanwhile, the country needs these workers because of

labour shortages due to the low rate of birth. It means that the

number of migrant workers will increase legally or illegally, and the

matter of migrant workers will have a huge impact on South Korean

society not only economically but also culturally (Hwa-Seo Park,

2005). Therefore, some scholars argue that Korean society in a near

future is inevitably moving from an ethically homogeneous societyto a multi-cultural one.

This paper intends to address multicultural in South Korea,

state and society relation with foreign migrants1. The analysis of the

1 My interest in international labour migration and globalisation problems

aroused me to study more about foreign migrant workers problems,

diasporas community, social networks, migrant worker groups, migrant

worker associations and etc. This studies about multicultural Korea werebased on my observation and understanding toward foreign workers in

Korea. For example, In one area of Seoul, Garibong-dong, Guro-gu, I

observed Korean and migrant workers working together to sell second-hand

products, and their relation did not look like employer and employee

because they talked to each other in a friendly manner. In another

experience, in Ansan districtas one of Korea industry centre, I observed

many migrant workers from all the countries stay and work in manufactured

industries. Also in South Korea today we can find that much international

marriage like I attend in grand opening one play group school for child frominternational marriage from a migrant worker NGO in Seoul. These


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unique relation is an attempt to identify the role of migrant workers

in Korean economic reforms; how the Korean government has

changed its attitudes and policies on foreign labour and how these

have affected the Korean society; what measures the governmentadopted to improve the foreign migrant workers social relation and

welfare.

Basic Questions

According to Wang-Bae Kim, foreign workers in South

Korea can be divided into three categories. The first group consists

of professionals holding a legal working visa. They are professors,

artists, engineers or teachers. The second type is industrial traineeswho are recruited to fill in labor shortages in small-sized firms under

the Industrial Technical Training Program (ITTP). The third group is

illegal workers who have no valid working permits (Wang-Bae Kim,

2004: 322). Meanwhile, related to the social condition of foreign

migrants in South Korea, two categories are identified: (1) Migrant

workers in South Korea are subjected to a range of human rights

violations. This condition arises from systemic discrimination, lack

of legal status, lack of awareness of their rights, and poverty andmarginalisation; (2). Regarding the trend of foreign migration into

South Korea, the most prominent and pressing issue at the moment is

how the government will deal with the influx of foreign migrant

workers2.

phenomena are interesting because they represent the dynamic of South

Korea, which becomes more and more multicultural society. In fact the

presence of foreign population has a strong impact on the development ofKorean society today.2 The globalisation of economic activity in general, and the growing role of

industrial corporations in South Korea in particular, in fact, have

increasingly directed attention toward social aspect i.e. environmental,

technology, and the labour condition consequences of these developments.

In this question, I give more attention in the work condition of foreign

migrant workers, in more wide perspective, should be getting also as major

arena of contention. First, there is a perception in certain circles that the

labor environment has not been sufficiently conducive to more investment ifproduction situation is not in secure. Second, demand from labour group to


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My point for this essay is to identify foreign workers

experiences in attempting to integrate into Korean state and society.

In an effort to discover the meaning of experiences, I focus on four

basic questions;first, how is the landscape of international migrationin South Korea? Second, how does the South Korea government

implement and manage the policy related to the issues and problems

from migrant workers, which have become national issues? Third, as

a large number of NGOs are working to improve the condition of the

life of migrant workers, how do the NGOs handle the problems of

migrant workers and what kind of system do they apply? Fourth,

how do migrant workers in South Korea get involved into the state

and society to improve their condition of work and life?

Method and Data Sources

The research was carried out under the sponsorship of the

ASEAN University Network and KASEAS during 2007/2008 period.

I conducted my field research through literature review, observation,

and interviews with several informants from range June 25 to July

29, 2007. My field work was mostly located in Seoul and Ansan

South Korea. Related to method and data sources, I interviewed

scholars from university, migrant workers and NGO staff enrolled at

Ansan District and Seoul. Also I interviewed a priest from Ansan

Foreign Migration Center, and government staff NGO from

Foreigner Welfare Support Division, Industrial Assistance Office in

Ansan. Besides, I did library studies in national and local libraries

such as at the Seoul National University, Korea Labour Institute and

the Korea International Labour Foundation in Seoul.

My interview questions were developed to elicit certain

factual information about migrant workers in Korea and also to get abroad view of migrant issues and how migrant workers perceived

their everyday life. The interviews ranged in length from 1 to 2 hours

improve their living condition. In a debate such as this, the migrant

workers issues are part and parcel of the overall macro-economic

challenges facing the country, particularly in this era of economic

globalisation. Third, try to more considering migrant workers as also part

member from bigger society. In more specifically,how public discourse onmigrant workers in South Korea is constructed in this condition.


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in a casual way. Most of the interviewees spoke English and Bahasa

Indonesia. However, the interviews with migrants from different

countries and NGO members who didnt speak English were relied

on the assistance of a native interpreter. I also interviewedresearchers from Seoul National University who were concerned

with this issue. I also conducted interview with the priest of church

who worked for the improvement of the condition of migrant

workers.

I acknowledge that the study is based on a limited number of

interviewees due to a short period of time (one month) and the

interpretation of their responses reflects my own perspective. Most

informants were hesitant to discuss governmental policies with a

foreigner. Therefore, I got the necessary information, from internet.

Demographic International Migration in South Korea

The term of international migration, as a conceptual

framework, has connection with other theories or gets influence

from other concepts. In the context of shift international migration,

Craig (2003: 1) mentioned as a spur of migration. Globalisation,

according to Venter, is associated with an increasingly dominantprocess of economic change, with economic transactions taking

place regardless of national jurisdictions. Many in the West argue

that globalisation represents the construction of a liberal world

economic order, bringing with it demonstrable benefits - free market

economies and liberal forms of representative democracy (Venters

in Craig, 2003: 1).

Furthermore, globalisation according to definition from

some expertise can be defined as a compression of the time space

continuum generating increased flows of goods, services, money,people and images across borders, demanding their simultaneous

liberalisation and regulation (Appadurai, 1990; Foster, 1999; Harvey,

1989) The compression of space and time (acceleration) based on

capitalisms (private ownership of property and networks of power

based on that ownership realized in profits) efforts to reduce the time

between making investments and earning profits. Barriers to

production, marketing and buying/selling are reduced. Production is


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relocated. Based on the above explanation, globalisation seems

closely related to economic influence3.

Globalisation in the next level results in the phenomenon of

international migration.

The phenomenon of international labourmigrationis indeed a very important issue in nearly every country in

the world, especially in millennium era today. According to Schiller,

Basch & Blanc, the phenomenon of transnational migration is the

process by which immigrants forge and sustain simultaneous multi-

stranded social relations that link together their societies of origin

and settlement(Schiller, Basch & Blanc, 1995: 48).

The high flow of labour mobility from and to a particular

country is a phenomenon that inevitably brings to the host country

problems which can be political, economic, or socio-cultural in

nature. This is precisely the case with international labour migration,

which is currently being experienced by development countries

(Sukamdi and Abdul Haris, 2000). Such globalisation, as the UN

itself observes (United Nations Non-Governmental Liaison Service

2002), contributed directly to migration [and the accompanying

phenomenon of growing racism] by weakening the ability of

Southern countries to generate employment for most of their

3 Actually globalisastion in the world have many approach, but mostly

economic. Globalisation in its literal sense is the process of globalising,

transformation of some things or phenomena into global ones. It can be

described as a process by which the people of the world are unified into a

single society and function together. This process is a combination of

economic, technological, socio cultural and political forces (Croucher,

2004: 10). If we look globalisation in this economic perspective, often used

to refer to economic globalisation problem that is the integration of nationaleconomies into the international economy through trade, foreign direct

investment, capital flows, migration, and the spread of technology (Jagdish,

2004). But in historical perspective, Globalisation refers in general to the

worldwide integration of humanity and the compression of both the

temporal and spatial dimensions of planet wide human interaction. It has

aggravated many of the regions most chronic problems--such as the

pronounced degree of economic exploitation and social inequality that have

characterised Latin America since it came under European colonial

domination in the sixteenth century. (Harris, 1995: 279, 80). In this paper Iput globalization and migration as discourse that have so close correlate.


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population, to invest in basic infrastructure and support their own

industry, and to allocate resources for health, education and social

security (Craig, 2003: 5).

Migration activities can also be seen as the mechanisms ofproduction intended to increase incomes, which is a consequence of

a rational choice of the migrants. In accordance with the recent

development of global economy, especially migration movement in

some South Asia and Africa has become a crucial issue often

discussed by social scientists and policy makers. According to

Massey et al (1993), one of the causes of this unequal opportunity in

employment is the effect of economic global processes that influence

the ability of each country to recruit workers for various kinds of job.

Many researchers claim that the situation will also influence the

patterns of movement from one country to another (Sukamdi and

Abdul Haris, 2000). Table 1 below shows the amount of international

migration movements in 2005:

Table 1

Source: http://www.migrationinformation.org/datahub/charts/6.1.shtml


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foreign workers in Korea by sending countries and the status of

migrant.

Table 2 Foreigners in South Korea (9/30/2005)

Total Legal

Residence

Illegal Residence Illegal

residence

(%)16~60

yrs

Total

Total 693,697 483,746 187,908 209,951 27.1

China

(total)

256,595 162,844 80,582 93,751 31.4

China

(Korean)

142,456 96,311 37,228 46,145 26.1

China

(ethnic

Chinese)

114,139 66,533 43,354 47,606 38.0

America 103,987 97,658 2,641 6,329 2.5

Philippines 35,945 22,080 13,596 13,865 37.9

Indonesia 25.311 19,172 6,099 6,139 24.1

Thailand 28,498 16,611 11,729 11,877 41.2Japan 26,130 24,937 604 1,193 2.3

Taiwan 24,790 23,983 584 807 2.4

Vietnam 34,376 23,390 10,944 10,986 31.8

Bangladesh 16,275 1,231 14,880 15,044 91.4

Mongolia 20,578 9,567 10,633 11,011 51.7

Russia 11,944 7,074 3,481 4,870 29.1

Uzbekistan 14,524 7,561 6,888 6,963 47.4

Pakistan 11,365 5,993 5,285 5,372 46.5

India 6,487 3,307 3,123 3,180 48.1

Australia 4,615 4,434 101 181 2.2

Sri Lanka 9,234 526 2,754 2,768 29.8

Nepal 5,608 3,474 2,131 2,134 38.0

Iran 1,815 472 1,334 1,343 73.5


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Kazakhstan 3,378 2,071 1,276 1,307 37.8

Myanmar 3,378 1,550 1,820 1,828 53.9

Nigeria 1,690 661 1,020 1,029 60.4

Other 47,174 45,150 6,403 7,964 13.6

Source: Ministry of Justice,International Crimes, 2005, p. 33

According to Nam Kok (2007), South Korea has at least

three categories of migrant newcomers. The first is migrant worker,

the second is marriage migrant, and the third are those who escaped

from North Korea. The first movement of migrant workers occurred

in the late 1980s as they were hired to construct the countrys

housing for the 1988 Olympic Games; the second one is

experiencing a rapid increase in Korean society; and the third is

those who escaped from North Korea to search for better jobs and

more political freedom. (Nam-Kook Kim, 2007: 8).

Recently, about 1,200-1,500 people per year have arrived in

South Korea. The current number of the North Korean migrants is

about 7,074 although this number is relatively small, but it has an

important impact regarding national unification in the future. In the

end of 2006, the total number of foreigners who works in SouthKorea was approximately 820,000 including newcomers from above

three sources or 1.7 percent out of the total population of 48 million

(Nam Kok, 2007: 8). It means that 120.000 foreign migrants came to

Korea in only one year 2005-2006.

Its already mentioned in the first paragraph that the

substantial increase in the number of foreign workers has aroused

showed diverse problems. In order to solve the labor shortage in the

countrys companies, especially some small and medium-sizeenterprises, the South Korean government established the Foreign

Industrial Training Program in 1991. This was an expedient measure

because, although foreign trainees are not employees in the real

sense, the foreign trainees can be employed as non-experienced

workers. The South Korean government then set up the Foreign

Industrial Training Employment Permit System in 1998 to support

the program (see in Lim, 2003; Seol, 2000; Yoo, 2002). For these

policies I will explain in next sub chapter.


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Actually, a few numbers of foreign workers are employed

legally in South Korea, and most of them are categorised as skilled

labour, such as university professors, researchers, language

instructors and other special professions. Still, there are manyproblems mainly stemmed from foreign industrial trainees and so-

called illegal sojourners. According to Sang-Yoo, the so-called

illegal foreign workers constitute a large proportion of all foreign

workers, and their number has been continuously increasing. These

foreign workers are mainly those who have overstayed their legal

period in South Korea and those who entered the country by various

illegal channels. Furthermore, the increase in the number of illegal

foreign workers has resulted in many social and economic problems

in South Korea (Sang-Yoo, 2004: 5-6).

The work areas for migrants, as shown in table 3, are

various: male migrant workers are normally employed in

manufacturing and construction industries while the majority of

female migrants are employed in service sector (hotel, restaurant,

manufacturing, housekeeping and nursing, etc.). Consequently, the

demand for manual and unskilled workers in small and medium sized

companies so-called 3D (dirty, dangerous, and difficult) jobs is

satisfied by low-paid migrant workers.

Table 3 Migrant Workers by Sector

(Unit: percent)

Sector Total Male femaleAgriculture & Forestry 1.0 1.2 1.7Fishing 0.1 0.1 0.03Mining & quarrying 0.2 0.3 0.09

Manufacturing 37.0 42.2 27.2Electricity, gas & water supply 0.2 0.2 0.08Construction 22.5 30.7 7.1Wholesale & retail trade 0.4 0.4 0.4Hotels & restaurants 15.5 4.0 37.3Transport 0.2 0.2 0.01Post & telecommunications 0.0 0.01 0.0Financial institutions & insurance 0.0 0.0 0.01Real Estate, renting & leasing 0.01 0.02 0.01Business activities 1.7 2.0 1.1


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Education 0.02 0.01 0.03Health & social work 0.1 0.03 0.1Recreational, cultural & sporting

activities

0.03 0.04 0.03

Other community & personal

service activities

2.2 2.2 2.2

Private households with employed

persons

3.9 0.3 10.6

Missing 15.2 16.3 13.0

Total 100.0 100.0 100.0

Source: Ministry of Justice cited from Sang Yoo, Kil, 2005, Foreign

Workers in the Republic of Korea. Korea Labor Institute

One of the most important reasons why Korean employers

employed migrant workers is that it is hard to find domestic workers.

The Koreans have a high education and dont want to take the 3D job

(dirty, difficult and dangerous). The demand for migrant workers in

Korean labour market is expected to increase further in the future, as

the firms are planning to hire more migrant workers accounted for

31.7%, while a mere 8.9% of the firms intends to recruit less

foreigners in the future (Sang-Yoo, 2004: 21).

Development Policy for Migrant Workers4

South Korea used to be a sending migrant country especially

in the era 50-70s, while the country was experiencing a civil war.

But in the 80s it begun to receive migrants from other countries due

to its rapid economic growth. Since the increase of migrant 3D

population, the government has launched a policy for migrant

workers. Basically, foreign workers in Korea are classified into two

4 For writing this sub chapter I use more data from Korea and Global

Migration Conference, December 11, 2004, Los Angeles, CA with two

related paper is Global Dimensions in Mapping the Foreign Labour Policies

of Korea: A Comparative and Functional Analysis from Dr. Dong-Hoon

Seol, and Policy Development of Labour Migration and Characteristics of

Migrant Workers Labour Market in the Republic of Korea from Dr. Kil-

Sang Yoo. Both of writers are expertise about migrant workers and migrant

policy in Korea. I only state important point and description of policyimplemented.


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hierarchal categories (white-collar foreigners as opposed to migrant

workers), through the dichotomy type of their work. The former is

treated as a real professional from more advanced countries, while

migrant workers are deskilled, stigmatised and troublesome. Instraightforward way, the policy for migrants in Korea can be divided

into 4 stages as follows:

1) Industrial Skill Trainee Program for Overseas-invested Firms

(1991),

2) Industrial Trainee Program (1993),

3) Post-training Employment Program (2000),

4) Guest Worker System (2004).

1) Industrial Skill Trainee Program for Overseas-invested Firms

(1991)

In 1991, the Korean government launched the Industrial

Technical Training Program (ITTP; Saneop gisul yeonsu jedo),

supposedly for foreigners to learn skills both in classroom and

workplace, and to transfer technology to less developed countries

(Seol, 2004: 17). The Government aimed to use this policy as a

respond to the condition in the late 1980s where the so-called 3-D

(dirty, difficult and dangerous) industries including the small andmedium-sized manufacturing and construction businesses began to

suffer a shortage of low-skilled manpower. As Seol mentioned that

the Korean government introduced in November 1991 the Industrial

Skill Trainee Programme for overseas-invested enterprises, under

which these firms could import foreign trainees through their

overseas subsidiaries and use their own labour (Seol, 2004: 17).

The main point of this program is to maintain and train

migrant workers. All migrants get training in Korea: six months to betrained to become industrial skilled labour, but the period could be

extended for another six months if still needed. According to the data

in this era, the migrants situation was quite crowded; for instance, in

1992, the Korean government offered an amnesty to undocumented

foreign workers because of too many illegal migrant workers. Then

to train migrant workers, the government introduced an industrial

training programme managed by the Korea International Training

Cooperation Corps (KITCO), which was established in 1994 underthe Korea Federation of Small Businesses (KFSB) (Seol, 2004: 17).


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The Industrial Skill Trainee Program for Overseas-invested

Firms is at first the Korean governments policy for migrants to

overcome the 3D labours problems. When the country was flooded

by low skilled and undocumented migrant workers, the governmentthought migrant conditions should be controlled. The Korean

government took the initiative from Japan, which had successfullymanaged its migrant workers by establishing this kind of programme.

2). Industrial Trainee Program (1993)

The Korean government launched the second programme

with the same title but mostly designed for the small and medium-

sized businesses. This policy gave more incentives only for small-sized overseas industrial firms with the reason actually smallindustries for long time did not have any access to employ foreign

labour. Therefore, the Korean government introduced the Industrial

Trainee Programme for foreigners in November 1993 to help small

businesses solve their problem of manpower shortages (Yoo, 2004:

3).

According to Yoo, the Industrial Trainee Program is a

system under the Government control, which foreign migrantworkers are introduced as trainees for small and medium-sized

manufacturing firms. The Program encloses 300 or less employees

for a period of one year trainee, and if where necessary, the training

period may be extended for another year. A total of 20,000 industrial

trainees were introduced for the initial year of the Program for small

and medium-sized manufacturing businesses. The number of migrant

workers increased steadily because the manpower shortages in the

small and medium enterprises including the coastal fisheries in 1996

and the construction industry in 1997 (Yoo, 2004: 3).

For the range of seven years (1993-2000) a difficult situation

from migrant workers in Korea has risen quickly. The Korean

government needed to maintain a number of migrant skilled labours

to carry out the work program especially in the domain of technical

and computerised machine with high risks. Thus, the Industrial

Trainee Program became the core of Koreas foreign labour policy

by 2000 (Yoo, 2004: 3).


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3). Post-training Employment Program (2000)

The ITTP program worked with a lot of problems. In fact

this program produced severe social problems. The ITTP tried to

upgrade trained migrants to become skilled workers, but later theywere not recognised as workers under the existing labour laws.

Actually, the original purpose of the system (ITTP program) to offer

industrial training has not been actualised in practice leaving it

discrimination (Seol, 2004: 17). According to Seol, some employers

take advantage of the migrants who are unprotected by legal status to

avoid paying full wages. This phenomenon has attracted criticism

from NGOs as a violation of human rights; some, including the Joint

Committee for Migrant Workers in Korea (JCMK), look up of thissituation and even call the ITTP a contemporary form of slavery

(Seol, 2004: 17).

Industrial Skill Trainee Program seems to be misused by the

naughty enterprise. During the training period, employers pay the

worker as a trainee. So they get much benefit not only from a low

payment but also from other obligations related to the migrant

workers right. In this case, trainees live in a precarious working

condition as they could be fired or retired from their job at any timeor any how. Normally, employers are looking for new trainees to

lower their cost. Moreover, many trainees quit their workplaces

before completing the program because they do not enjoy full legal

protection under labour-related laws.

Facing many critics, the Korean government in 1998

launched Work after Training Program (WATP; Yeonsu chuieop

jedo) for foreigners to permit their stay under the status of workers

(Seol, 2004: 17). Many training companies recommend trainees to

follow this proceeding to have an opportunity for working under the

worker status. This can be considered as a big change because the

government broke the close-system of less-skilled foreign labour,

open trainees status to workers status (Seol, 2004: 17).

Still, a lot of reports from workers, public institutions or

NGOs indicate that migrants do not enjoy their rights (Yoo, 2004: 4).

To mend this situation, the Post training Employment Program was

introduced in April 2000. Under this program, an industrial trainee

who worked at a firm for two years without interruption should be


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qualified to reside and work in Korea for another year in his capacity

as worker, not as trainee (Yoo, 2004: 4).

4). Guest Worker System (2004)Since the economic crisis in 1998, the Korean government

has failed to control the growing number of undocumented and

illegal workers. The rate of undocumented workers in Korea is the

highest in the world (Seol, 2004: 18). This crisis has pushed people

to migrate to developed countries including Korea to improve their

standard of living (Hollifield, 1992).Under these circumstances, the country needed a new

institutional device to ease the labour shortage of business firms andsolve the problem of illegal migrant workers. On August 16, 2003,

theAct on Foreign Workers Employment, Etc. was legislated, which

stipulated the introduction of theEmployment Permit Program (EPP,

Goyong heoga jedo) for foreigners (Seol, 2004: 18). The main aim of

EPP is not only to eradicate human right violations, but also to

substitute legal foreign workers for undocumented workers. The EPP

allows the businesses that have failed to recruit Korean manpower to

legally hire migrant workers. Whereas the ITTP and WATP arenotorious as systems for exploiting migrant workers without

providing proper status under labour laws, the EPP provides an equal

treatment to workers regardless of their nationality.

Table 4: Comparison between the WATP and the EPP

WATPWork After Training

Programme

EPPEmployment Permit

ProgrammeResponsible

government body or

public organisation

Korea Federation of Small

and Medium Businesses

(KFSB); Construction

Association of Korea

(CAK); National

Federation of Fisheries

Cooperatives (NFFC);

National Agricultural

Cooperative Federation

Ministry of Labour


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(NACF)Legislation No separate legislation

(but relying on the

existing Departure and

Arrival Control Act)

Act on Foreign

Workers Employment

Etc.

Legal status of

foreigners

Trainee for the first year

and worker for the next

two years

Worker for three years

Labour allocation

system

Neither employers nor

workers have the

opportunity to choose

their workers or jobs

Employers have the

opportunity to choose

their workers

Protecting

employment

opportunities for

native workers

Industrial policy-related

considerations are given

priority regardless of the

labour shortage

Employers should

attempt to find native

workers for a certain

period

Source: Seol, Dong-Hoon, 2004. Global Dimensions in Mapping the

Foreign Labour Policies of Korea: A Comparative and Functional Analysis.

Paper in Korea and Global migration Conference, December 11, 2004, Los

Angeles, CA

TheForeign Workers Act

states that the EPP and ITTP workin tandem. The Korean government did not abolish the ITTP because

it was difficult to introduce the EPP unless for interests of employers

such as the Korea Federation of Small and Medium Businesses

(KFSB;Junggihyeop), the Construction Association of Korea (CAK;Geonseolhyeop), the National Federation of Fisheries Cooperatives

(NFFC; Suhyeop), and the National Agricultural Cooperative

Federation (NACF; Nonghyup) were protected (Seol 2004: 18).

The Ministry of Labour and some NGOs had tried to initiate the EPP

since 1995, but were able to bring it into effect only in 2003 (Seol,2004: 18).

After one year of preparation, the Foreign Workers Actcame

into force on August 17, 2004. The preparation included the bilateral

agreement on the memorandum of understanding with sending

countries, amnesty for some undocumented workers and inducement

for others to return to their home countries, and the arrest and

deportation of those who refuse a voluntary return. The Korean

government has also signed bilateral agreements with the


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governments of labour-sending countries to establish the EPP. Under

the EPP, workers are granted non-renewable, fixed-term contracts for

a duration ranging from three months to one year. Some of these

schemes include professional and language training (Seol 2004: 18-19).

From the brief description about the development of migrant

policy in Korea, the government basically accepts the existence of

migrant workers. Administratively, the government wants to

maintain and give better status for migrants. But from explanation

above, the government still refuses to grant to migrants a full worker

status. Thats why Korea accepts migrant workers through the visa

system, which prevents them from changing their workplace and

from permanently settling. Only contracted migrant workers should

be accepted. However, it gives priority to professional and skilled

workers, even encouraging their naturalisation; while strictly

controlling the inflow of less-skilled workers. A rotation policy has

been adopted to prevent migrants from settling in Korea, which

means that migrant workers who have stayed for a certain period are

forced to leave the country and to be replaced by new workers (Seol

2004: 17).

Response of the State and Society to Migrant Workers

In this sub chapter, I discuss the Korean state and societys

response to foreign migrant workers focusing on NGO migrant

movements and activities. With the increasing critics on foreign

migrants concern, such as failure in migrant policy, human right

abuses and others problems, the new social movement to protect

migrant workers was initiated by the state and civil society. Much of

concrete attention from associations, including the protection of their

rights and dignity, is given to migrants by the day-to-day work of

local, national and regional non-governmental organisations. The

associations in this case are so called NGOs.

There are two types of migrant NGO in Korea, the NGO

initiated by the government and directly by society. The term NGO

here follows the concept from Mercer (2002), which refers to those

organisations officially established, run by employed staff (often

urban professionals or expatriates), well-supported (by domestic or,


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as is more often the case, international funds) and are often relatively

large and well-resourced. NGOs may, therefore, be international,

national or regional organisations. They are seen as different from

Grassroots Organisations, (GROs), that are usually smaller, oftenmembership-based organisations, operating without a paid staff but

often reliant upon donor or NGO support, which tend to be (but are

not always) issue-based, and therefore, ephemeral. The distinction

between NGOs and GROs is important not only in organisational

terms, but in differing ways they act, and are affected by the

development policy (Mercer, 2002: 6).

Since the pro-democracy struggles of 1987, South Korea has

experienced a rapid increase of non-governmental organisations.

Over the past twenty years, Korean non-governmental organisations

have emerged to play an increasingly important role in delivery of

social services to migrant workers. One of the most prominent of

these organisations is the Citizen's Coalition for Economic Justice

(CCEJ), which has been directly involved in promoting and

protecting the rights of foreign workers since the early 1990s. The

CCEJ had about ten thousand members in 1994 (starting with a base

of only five hundred in 1989), and is involved a wide range of

activities, most of them focused on the issue of social justice,environmental protection, and consumer rights (Dalton&Cotton,

1996).

At beginning, the CCEJ was established to assist local

Korean workers, has long relied on a particular political strategy

focusing on using the existing legislation to protect and expand

worker rights. Since foreign migrant workers in South Korea have

steadily augmented, the involvement of CCEJ in solving foreign

migrant problems has become more and more intensive; it tries tomobilise foreign workers to struggle for their own right and work

legitimacy (Lim, 1999: 18).

Beside the CCEJ, there are other organisations who work for

the benefit of foreign migrants, such as Lawyers for a Democratic

Society (LDS), the Archdiocese of Seoul Foreign Workers' Labor

Counseling Offices, the Seoul Migrant Workers' Center, the

Association for Foreign Workers' Human Rights (AFWHR), the

Institute for Workers' Rights, and the Joint Committee of MigrantWorkers in Korea (JCMK) (Lim, 1999: 18). The LDS, for example,


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has provided a great deal of legal assistance to workers from the

Philippines, Nepal, Bangladesh, and Pakistan. In 1997, the LDS

worked on more than four hundred legal cases and assisted almost

one thousand foreign workers in fighting for their rights. Similarly,the AFWHR, which was established in 1992, helped foreign workers

settle disputes concerning unpaid or delayed wages, industrial

accidents and occupational diseases, problems with immigration or

visa status, unjust dismissals and other problems involving the

violation of human rights of foreign workers in Korea.

The JCMK has been involved in political campaigns

designed to achieve a number of broader objectives: (1) abolish the

trainee system, (2) create a work-permit system that recognises

migrant workers as workers (rather than trainees), (3) grant

permanent amnesty to undocumented workers to legalise their status

and (4) ensure the protection of foreign workers human rights (Lim,

1999: 18). All these organisations operate on the basis of common

and transnational human-right discourse. Many of these

organisations, moreover, get involved in creating concrete linkages

with similar organisations both within and outside Korea.

According to a surveyundertaken by the Christian Institutefor the Study of Justice and Development, at least 155 civil, religiousand labour organisations in South Korea are engaged in improving

migrant workers rights and supporting their interests. From 155

NGOs supporting migrant workers, according to Seol, 107 (69%)isconcentrated in Seoul, Incheon and Gyeonggi Provinces, followed by

Daegu and Gyeongbuk 13 (8%), Busan, Ulsan and Gyeongnam 13

(8%), Daejeon, Chungnam, and Chungbuk 10 (7%), and Gwangju,

Jeonnam and Jeonbuk 9 (6%). There are two in Gangwon Province

and one in Jeju Province. (Lim, 2003: 438; Seol, 2005: 12).Moreover, based on my observation in Seoul, today we can

find many small organisations in concern with specific regions or

countries. For example, Harvest Indonesia Fellowship Korea (Hati

Elok) Indonesian Migrant Support Center, Ansan Foreign Worker

Center, Foreigner Welfare Support Division Industrial Assistance

Office, Korea Migrants Center, Migrant Support Center by country

etc. The number of NGOs in Korea has steadily increased, especially

from 1992 to 1997. In this case, the change in the establishment and


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development of NGOs supporting foreign migrant workers associates

with the change in the number of migrant workers.

NGO centres for migrant workers were firstly established in

Seoul Metropolitan, and then spread throughout the country. Seol(2005) noted most of the organisations were initially established on

faith-based religion, such as Catholic, Protestant, Buddhist, and

Muslim. (Seol. 2005: 12). Actually many migrant NGOs in Korea

are not run and supported only by religious, but also by labor or

human rights organisations that include immigrants. The major

activities of NGO migrant associations can be summarised as six

types: Counseling Services, Provision of Shelters and Medical

Services, Educational Services, Research and Advocacy, Religious

Services and Supporting Migrant Workers associations (Seol, 2005:

12-13).

These migrant organisations devote their efforts to migrant

workers problem counselling, that is, helping foreign workers collect

unpaid wages or severance pay, obtain medical assistance and

financial compensation for work-related incidents, or obtain legal

advice, etc (Lim, 2003: 438). Labour counselling in many NGOs is a

main service. It not only has helped thousands of individual workers

receive compensation and benefits that they otherwise would nothave, but it has also led to broader legal-institutional changes within

South Korea and to protect and expand worker rights through the use

of existing legislation (Lim, 2003: 438).

Based on interviews with migrant workers and the staff of

organisation, the issues of counselling usually concern problems in

the work place, such as (1) work contracts: In this case, most of the

migrant workers dont have contracts with their employers. . Foreign

migrant workers have minimal negotiating power when determiningworking conditions and benefits; (2) working hours: It is common for

migrant workers in Korea to work long hours. The average working

hours per days totals 11 to 12 hours. Many factories do not observe

weekends, and workers work seven-day work per week. (3) Wages:

Migrant workers wages are often lower than the minimum wage set

by the government or common wages market. Some factories force

workers to pay fees the government or agent or broker that become

obligation factories to pay, this make workers receive even less thantheir set wage. (4) Health insurance: The large majority of migrant


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workers do not enjoy benefits, such as medical insurance and social

welfare services, especially when they get accident in working place.

(5) Hitting and attacking. Employers or supervisors often infringe

upon migrant workers personal rights and personal dignity. Physicalassault and personal humiliation are common occurrences in

everyday practice. (6) Less attention. Sometimes migrant workers

who have had injuries, that happen from time to time because

factories do not pay any attention to health standards, and do not take

adequate precautions or follow safety regulations. Workers are

exposed to industrial hazards and pollution while doing 3D jobs.

Foreign migrant foundations and NGOs are actively

involved in providing migrant workers with services and training,

which focus particularly on education, legislation and support

activities. For example, Hati Elokan Indonesian NGO who has

been active in Seoul over the past three years is working with the

Church Union, Korea Migrant Centre and university-based research

centres to provide counselling and services to migrant workers who

got trouble in their work or jobs. Ansan Foreign Migrant Centre and

Migrant Centre have provided foreign workers with consultation and

solution to the problems, Korean language courses, sport and cultural

activities, and also free medical treatment5.These various NGO players are not only helping migrant

workers successfully solve legal issues, but are also creating pressure

on society to improve the working and living conditions of migrant

workers. The development of civil society has created a means of

enhancing the rights of foreign migrant workers. Both the state and

civil society have tried to provide migrants with equal opportunities

or necessary protections. Therefore, in playing an important role in

the social management, the state and civil society are becomingtangible outlets of services for needy people. Gradually, they are also

playing an advocacy role for societal change. This kind of bottom-up

approach will lend itself to further opening and will gradually change

the Korean society.

Toward Multicultural South Korea Society

5 See more detail in www.migrantok.org


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A Korean academic describes the phenomenon of increasing

foreign migrant into South Korea today as the birth of recent

multicultural Korea society. Nowadays more and more people from

all around the world come to visit, live, study, get married andmostly take a chance to find work in South Korea. Unlike the past, it

is no longer unusual to see foreigners walking down the streets of

Seoul. We can find them almost everywhere gather in a large number

in Myungdong, Itaewon, and South Gate Market. In my observation,

South Korea today is truly bustling with a rising number of

foreigners composed mainly of labourers, marriage immigrants,

children from multiracial families, descendants from overseas

Koreans and North Koreans.

Migrant workers basically live mostly in Seoul in the area of

Myungdong, Itaewon, and South Gate Market, Ansan, an industrial

area, Daejon or Busan and etc. The flow of migrant workers entering

Korea had two different categories: the influx of high quality foreign

labour as a result of the rapid rise of Koreas multinational

corporations, and the arrival of ever-increasing numbers of migrant

works seeking financial gain and economic security. Many of foreign

migrant workers have lived and worked in Korea for more than a

decade. The South Korean society today is become changing moremulticultural, living together with the migrants.

Historically, South Korea was one of the manpower-

exporting nations during the 1960s and 1970s, but from the late

1980s, the country turned into a labour force-importing nation due

to domestic manpower shortages. This reversal in the flow of labour

was caused by higher income and education level, and lowered birth

rate among Korean nationals. Until recently Korea imported not only

skilled foreign labourers as employees, but introduced low-skilledforeigners as trainees (Sang Yoo, 2005: 1). Culturally and socially,

Korea also well known for its homogeneous population and culture,

but look at recent situation with the increasing migrant workers from

abroad, it started to change rather rapidly.

According to the statistics, almost one hundred and thirty

thousands (130,000) foreign women have married to Korean men

between 1990 and 2004. In 2004, out of three hundred and ten

thousands (310,000) marriages registered, over eleven percent (11%)was married to foreign spouses. This trend is even more prominent in


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rural areas where a quarter of marriages are with foreign nationals. A

large number of international spouses in Korea come from

neighboring countries such as Peoples Republic of China, Vietnam,

the Philippines, and increasingly from Mongolia, Uzbekistan or otherCentral Asian countries.These number migrant phenomenagetmore

over with others newcomers from North Korea and others migrant

who come illegal.

Furthermore, as the number of foreign migrants in Korea is

increasing dramatically, the Korean government can no longer deny

the multiethnic and multicultural aspects of society that become

more and more evident. It has to deal with the effect of this

phenomenon in finding an alternative value to their policy and social

movement (Geon-Soo, 2007). In April 2006, President Noh

declared in the 74th regular government task meeting, It is

irreversible for Korea to move toward multi-racial and multi-

cultural society. We must try to integrate migrants through

multicultural policies.6

The South Korean government considers multiculturalism

concept is important, but until now this issue in South Korea is still

debatable. Especially from activist and academia, they said that

Korean people actually from the past time have never had thatexperience. Mrs. Han, one of my informants, said: The South Korea

governments just borrow some vocabulary found in the discourse

about South Korea multiculturalism, but actually they dont really

understand its meaning. As director of the education program at the

NGO Harvest Indonesia Fellowship Korea (Hati Elok) in Seouls

6 For this statement please refer to see more detail in www.pressian.com.

Concept of multiculturalism policy as I refer from Kymlicka has to bedefined as a set of political ideals aiming to ensure that all socio-cultural

differences will be recognised and also treated at the level of equality and

equity, such as in the campaign of anti discrimination program, employment

equity, education, language training and other programs that enhance

understanding among every aspect of all society members (Kymlicka,

2002:14). In term of global multiculturalism, Kymlicka points out the

importance of tolerance among people from different paths of life. I look

the statement from President similar with term of multiculturalism concept

above which stresses to recognition of minority groups including foreignmigrant workers.


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Guro-gu, Mrs. Han launches the program that initiates foreign

migrant women and in Korea to learn Korean culture; e.g. some

cultural awareness programs teach foreign brides how to make the

traditional Korean common culture, but in other side she said havecontradictory, that most of young Korean people they dont know

how about they own culture.

In another story, Jang Hussein (37) who has been working in

Korea for more than 11 years and marrying to her Korean husband,

but she still feels isolated from Korean society. I hold Korean

citizenship, speak Korean, but the Koreans still view me as a

foreigner and treat me as somebody who doesnt belong here. It

really needs to change because it is time that Korea should be ready

to accept multi-nationalism and differences,7

Related to the discourse of multicultural South Korea,

Steven Castles in Global Human Resources Forum 2007, Seoul,

mentioned that Korea has taken the first steps toward a greater

cultural and ethnic diversity He explains that only around 1.7 per

cent of the Koreas population comes from other countries

compared with 23 per cent in Australia, 12 per cent in the USA, and

5-10 per cent in many European countries. (Castles, 2007: 7).

Furthermore, Castles believes that it would take a while for SouthKorean to become a multicultural society. Apart from immigrants,

diverse cultural influences come from the Koreans who have more

contacts with foreigners while travelling abroad, global media, and

the nature of modern and international business and technology, at

the moment, South Korea is still at a very early stage in process to

become a full multicultural society.

In other case, base on common realities, however, there is a

perception from Korean look the existence of the other ethnic. MostKoreans still have stronger attachment to ethnic Koreans living in

foreign countries than to ethnic non-Koreans living in Korea. It is

also much easier for a Korean-American who to recover Korean

citizenship than for an Indonesian migrant worker living in Korea to

obtain Korean citizenship. This is true even if the Indonesian worker

might be more culturally and linguistically Korean than a Korean-

American (Shin, 2007).

7 For more detail see in www.kois.go.kr


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A multicultural society, as defined by Castles, refers to a

country which is composed of multi-groups of diverse cultural

characteristics such as language, religion, customs and values.

Culture does not refer only to ethnicity, but also includescharacteristics linked to social class, gender, regional location, sexual

orientation and so on. Nearly all the worlds nation-state have

culturally-distinct groups (whether they have had recent immigration

or not). A key characteristic of democratic societies is their ability to

include people with different cultural values as citizens (Castles,

2007: 2).

The term multicultural society in that perspective generally

refers to a de facto state of both cultural and ethnic diversity within

the demographics of a particular social space (Davidson: 1997). The

Koreans still tend to equate nationality or citizenship with

membership in a single, homogeneous ethnic group or race

(Minjok, in Korean). Also, Korea is not a nation formed of

immigrants but of natives that have long shared common values and

bloodlines. A common language and culture are viewed as important

elements in Korean identity. The idea of multiracial or multiethnic

nations, like Canada or the United States, strikes many Koreans as

weird or even contradictory. South Korea is among the worlds mostethnically homogeneous nations (Soo, 2007). All said, like Shin

(2007) state that South Koreans still should strive to promote ethnic

diversity and cultural tolerance, and develop proper legal institution

so that all can live together in a multiethnic or unified Korea as equal

citizens of a democratic polity.

Conclusion

The Korean government cannot deny that a large number of

foreign workers migrate to Korea each year to find better jobs and a

more comfortable life. Korea becomes inevitably a multicultural

society. But basically in daily practice live, foreign workers are still

excluded from the state political, cultural, educational and also social

arenas. Urban residents and the local city government still have an

opinion and regard to migrant workers as the outsiders.

Base on NGOs report, foreign workers are restricted to

isolated factory communities or industrial complexes. In everyday


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practice, foreign migrants who work in South Korea occasionally

face unfair treatment, while marriage immigrants go through the

immense difficulties of adaptation to a new language and culture.

Such problems are not likely to be solved easily. The need to protectthem and help them bond with the society is great.

These phenomena if belongs continue will not help them to

integrate into Korean society. The integration is possible only if the

government policy toward foreign workers is changed. Fortunately,

the South Korean government and its people have shown a positive

attitude toward the increasing social heterogeneity and embrace a

new multicultural vision. President Roh tries to integrate migrants

through multicultural policies as well. The Korean government adopts

more effective measures to regulate and manage migrant workers

which flow into the country continuously. Many programs related to

educational development and urban modernisation are implemented

to help migrant workers integrate into their new home. The migrant

problem should be managed accordingly. However, in my opinion

state and society has been response and develop intimacy relation

with the foreign migrant workers or immigrant even it needs time

and still much to do.


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Source: http://www.asianinfo.org/asianinfo/countries_map/map-

picture/korean_peninsula.gif


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* Researcher at Research Center for Regional Resources

Indonesia Institute of Science.

* Department of Anthropology University of Indonesia

Intimacy State and Society With Migrant Workers

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