Korea’s Human Rights Commission Holds that Ministry of Labor Should not Report Undocumented Migrants to Immigration

Articles in local newspapers, including the Korea Times, reported the decision of the National Human Rights Commission on a matter that may assist undocumented migrant workers in Korea. The Commission held that labor officials should not be required to report to the police or Immigration undocumented foreigners when they consult these labor officials about unpaid wages or other employment law violations of employers. The holding does not mandate the government to following this recommendation. However, in some cases the government followed the advice of the National Human Rights Commission of Korea.

National Human Rights Commission of Korea Holding on Migrant Workers’ Labor Rights in Korea

The Korean National Human Rights Commission investigated a case in which an undocumented metal worker was owed around KRW 10,000,000 in back pay. The worker, after consulting with a labor board official of the Ministry of Employment & Labor of Korea, was detained by the police for overstaying a visa.

‘”There’s a need to protect the rights of undocumented migrant workers like him during the investigations by labor officials,” the commission said. “To prevent similar incidents, the National Human Rights Commission urges the Ministry of Justice to revise the rules concerning reporting obligations.”

“The prompt recovery of the right (to receive back wages) is critical for migrant workers, as unpaid wages directly threaten the livelihood of workers as well as their families,” the commission said. “If government officials continue to be obligated to report undocumented migrant workers, the risk of deportation could lead many to give up the redress process or to an increase in the number of employers seeking to exploit their vulnerable situations.”‘

Rights Commission Seeks to Protect Rights of Undocumented Workers to Receive Back Pay, Korea Times

In many cases, migrant workers refrain from reporting cases because of fear of deportation, thus, empowering unscrupulous employers hiring these undocumented workers.

G-1 Korea Visa for Litigation and Medical Treatments

One solution that we have found that it is useful in some cases is the G-1 visa. However, the visa is difficult to obtain and may lead to the detention of the migrant worker. Anyone filing a lawsuit to a Korean court is eligible to apply for a G-1 visa. The G-1 visa is available for those seeking medical treatments in Korea and also those involved in litigation in Korea. IPG Legal successfully applied for a G-1 visa, recently, for a retired U.S. Army soldier that successfully sued the Korean government.

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