Mandatory Testing Administrative Order for Foreign Workers Withdrawn... But 'Human Rights Violation' Controversy Remains

Jang Hye-young: "Mandatory Enforcement Only on Marginalized Groups Is Clear Discrimination"
After Repeated Criticism, Changed Following Seoul City's and Others' Inspection Recommendations

On the 19th, as the spread of COVID-19 continues, citizens and foreigners are waiting to be tested at a temporary screening clinic set up in the plaza of Guro Station in Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Hyunju Lee] "We work at the same workplace, but Koreans are not required to take COVID-19 tests, while only migrant workers are ordered by administrative decree to get tested. The dormitory conditions are very poor. They cannot live properly in the dormitories and work at workplaces where social distancing cannot be maintained. (Koreans) are anxious that migrant workers might catch COVID-19, so the image will deteriorate." (Udaya Rai, Chairman of the Migrant Workers' Union)

Seoul Metropolitan Government and Gyeonggi Province issued an administrative order on the 17th to mandate proactive COVID-19 testing for foreign workers by the end of this month. Employers who hire even one foreign worker and undocumented foreigners are included in the testing targets. Those who do not comply will face fines of up to 2 million KRW or claims for damages if infection occurs.

Seoul cited that the proportion of foreign confirmed cases increased to 6.3% of the total over the past three months, up from 2.6% in November-December last year. This is a clear discrimination and double standard. According to the Central Disaster and Safety Countermeasures Headquarters (CDSCH) announcement at the end of last year, half of the cluster infections occurred in religious facilities. Seoul has never issued an administrative order mandating COVID-19 diagnostic testing for all religious facilities.

Jang Hye-young, a Justice Party lawmaker, held a press conference at the National Assembly on the 19th, stating, "If the same standards are applied, wouldn't it be reasonable to mandate testing first for groups with the highest infection rates?" She emphasized, "It is clear discrimination to forcibly implement measures only on socially marginalized groups while not applying them to groups that constitute the majority of society under similar conditions."

Lawmaker Jang said, "Human rights and quarantine are not conflicting but complementary," adding, "When people feel their human rights are respected, they trust the community and actively cooperate with various measures for the community's well-being."

There was also criticism that targeting risk groups based on race or identity for infectious disease prevention is not medically effective. Lee Sang-yoon, Senior Researcher at Health and Alternatives, said at the press conference, "A common approach should be taken based on risky behaviors or environments," adding, "The Korea Disease Control and Prevention Agency caused confusion by conducting blanket testing of nursing and mental care facilities."

On the 19th, as the spread of COVID-19 continues, citizens and foreigners are waiting to get tested at a temporary screening clinic set up in the plaza of Guro Station in Seoul. Photo by Mun Ho-nam munonam@

The German Embassy stated on Facebook the previous day in a post titled "Regarding Diagnostic Testing for Foreigners," "The administrative orders by Seoul, Gyeonggi Province, and Jeollanam-do requiring only foreigners to undergo COVID-19 diagnostic testing and imposing fines for violations are discriminatory and excessive from our perspective." Earlier, Simon Smith, British Ambassador to Korea, conveyed clearly via a video message on Twitter that "We have clearly communicated to the Korean government, Seoul, and Gyeonggi Province that such measures are unfair, excessive, and ineffective."

As criticism intensified, Seoul announced it would withdraw the administrative order and change it to a 'testing recommendation.' Gyeonggi Province also reviewed but decided not to implement an administrative order requiring employers to hire only foreign workers who tested negative for COVID-19.

To prevent the spread of COVID-19, rather than discriminatory compulsory testing, the living conditions of foreign workers must be improved so they can comply with quarantine guidelines. Jang Ye-jung, Co-Executive Director of the Coalition for the Enactment of the Anti-Discrimination Act, said, "The poor living conditions of migrant workers have still not been properly addressed with adequate measures," adding, "Appropriate quarantine guidelines should prioritize providing protective equipment like masks and improving shared dormitory environments." She continued, "Forcing all foreign workers to undergo testing without scientific basis is a clear discriminatory measure," emphasizing, "Despite numerous warnings about the risks of stigma and exclusion after COVID-19, the state is leading this. Discrimination cannot be a form of quarantine."

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