Human Rights Commission: "Notification Obligations Must Be Improved for Unregistered Foreign Workers Suffering Wage Arrears"

Establishment of Exemption Provisions in the Enforcement Rules of the Immigration Control Act

The National Human Rights Commission of Korea (NHRCK) has recommended the Ministry of Justice to establish a regulation that exempts undocumented foreigners who have suffered wage arrears during their stay from being subject to the 'Enforcement Rules of the Immigration Control Act' when investigated by the local Employment and Labor Office.

[Image source=Yonhap News]

On the 20th, the NHRCK announced that it recommended the Minister of Justice to create a regulation including 'investigations and labor supervision by the local Employment and Labor Office' for violations of labor-related laws such as wage arrears within the scope of duties exempted from the notification obligation under the 'Enforcement Rules of the Immigration Control Act.'

According to the NHRCK, an undocumented foreigner filed a complaint with the local Employment and Labor Office regarding wage arrears and appeared for an investigation. However, after the police, dispatched following the employer's report, confirmed the individual was undocumented, they arrested the person on the spot as a fugitive and handed them over to immigration authorities. The individual filed a complaint with the NHRCK, claiming that their right to defense was violated during the remedy process.

Previously, the NHRCK's Second Committee on Remedy for Human Rights Violations considered that the Immigration Office had lawfully issued a deportation order under Article 59 of the Immigration Control Act, and thus did not find it to be a human rights violation. Accordingly, the complaint was dismissed pursuant to Article 39, Paragraph 1, Subparagraph 2 of the National Human Rights Commission Act.

However, the NHRCK judged that if the same notification obligation were applied to officials of the local Employment and Labor Office, undocumented foreigners might forgo seeking remedies due to fear of deportation or be exploited in their vulnerable situation. Therefore, to ensure the right to defense of undocumented foreigners who suffer damages due to violations of labor-related laws and to enable substantial remedies, the NHRCK reviewed institutional improvements pursuant to Article 19, Subparagraph 1 and Article 25, Paragraph 1 of the National Human Rights Commission Act.

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