[Initial Report] Nepali Uncle Who Loved Korea Despite Forced Deportation

“Today is my payday / My heart is pounding / The salary I hadn’t received for a long time / They say they will give it back / My precious family / My beloved parents / Now with my own hands / I will make you happy.”

In Ji Hyewon’s documentary film Goodbye, Minu, Minu (Nepali name Minod Moktan) sings wearing work gloves. The song is titled “Payday.” The lyrics, which reflect the sorrowful life of foreign migrant workers, are delivered with a lively rhythm. When Ji asked him to appear in the film, Minu set one condition: not to portray him as a pitiful person. “I hope people see us not as pitiable beings but as equal members of society.”

Minu is a first-generation migrant worker from Nepal. He came to Korea in 1992 at the age of 21 and worked hard labor for 17 years. When the government launched a massive crackdown on undocumented migrant workers ahead of the introduction of the Employment Permit System in 2003, he led protests wearing work gloves. He formed a band called “Stop Crackdown” to advocate for the human rights of migrant workers. Minu was forcibly deported in 2009. He does not resent Korea. Instead, he longs for it, singing “Mokpo’s Tears.” “I thought I was Korean. I think I lived with that illusion. But I was happy. Truly.”

There are about 500,000 migrant workers legally working in Korea. Most of them work in 3D jobs (dirty, dangerous, and difficult) that native Koreans avoid. Although the Employment Permit System has improved human rights, many still do not receive proper respect for their rights as workers. Some employers treat them as illegal or irregular entities who can be deported as needed.

The majority of migrant workers enter Korea through legal channels. However, many become undocumented migrant workers due to complicated laws. Once a migrant worker enters under the Employment Permit System and is assigned to a workplace, they cannot change jobs for the duration of the permit, which lasts 4 years and 10 months (3 years basic + 1 year 10 months extension). If they use the reemployment system for diligent workers, the 4 years and 10 months can be extended, meaning they must work at one workplace for up to 9 years and 8 months.

Migrant workers can only change workplaces through the Employment Center’s review if the employer violates labor conditions or treats them unfairly. Otherwise, they need the employer’s permission, which can be granted up to three times. These strict restrictions also cause significant losses for employers, who must send skilled migrant workers they have trained for a long time to other workplaces. Therefore, some employers illegally extend contracts with migrant workers to maintain productivity.

While the Employment Permit System has increased transparency in labor recruitment, the reality of unpaid and illegal labor has not significantly improved. Migrant workers outside the law cannot claim damages even if their working conditions differ from what was promised. They cannot expect benefits such as health insurance. They cannot even visit the Employment Center, and in the worst cases, they may be deported without receiving pay for their work.

Migrant rights organizations such as the Migrant Solidarity Movement filed a constitutional complaint in March against Article 25 of the Foreign Workers Employment Act and other provisions restricting workplace changes. They argued that the current Employment Permit System, which essentially prohibits migrant workers from changing workplaces, is unconstitutional as it promotes forced labor. The complaint explained that “regulations on workplace changes violate constitutional fundamental rights including human dignity and value, the right to pursue happiness, equality rights, freedom of the body, freedom to choose occupation, and labor rights, including the right to be free from forced labor against one’s will.”

To prevent foreign workers from falling into illegal labor markets, their rights must be prioritized first. The starting point is respect. During the IMF bailout crisis, Korea forcibly sent migrant workers away to secure jobs for unemployed Koreans. The result was a failure. Native workers did not fill the vacancies, and many small and medium-sized enterprises faced difficulties.

Today, nearly twice as many foreign migrant workers are employed compared to then. They are indispensable neighbors with whom we must live together in the Korean economy. The reason Minu longed for Korea until he closed his eyes was because of the bond they shared. Even when the Immigration Office of the Ministry of Justice refused his entry, he loved Korea. When this film was selected as the opening work of the 2018 DMZ International Documentary Film Festival and he finally set foot on Korean soil, he smiled and said, “Now I can die happy.”

This content was produced with the assistance of AI translation services.