Professional Documents
Culture Documents
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.
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
1
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 society
to a multi-cultural one.
This paper intends to address “multicultural in South Korea,
state and society relation with foreign migrants1”. The analysis of the
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 trainees
who 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 and
marginalisation; (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.
5
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 labour
migration is 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
Table 1
Source: http://www.migrationinformation.org/datahub/charts/6.1.shtml
7
Globalization and international migration situation in South
Korea is background landscape on migration problem. If we look
over the past decades development economy situation, the industrial
development interrelated with economic improvement in South
Korea has gradually increased the country’s domestic wages. Some
scholars agreed in particular, in the mid-1980s, the domestic labor
movement was unprecedentedly strong, and wages subsequently
increased sharply. The result is that South Korean firms
progressively invest abroad, and the small and medium-size
enterprises in South Korea suffer from a great labour shortage. The
phenomenon of South Korean foreign workers came into being in
these circumstances (see in Lim, 2003; Seol, 2000; Yoo, 2002).
Since the mid-1980s, there has been a massive influx of
foreign labour into South Korea. All these foreign workers come into
South Korea originally for financial reasons through employment;
migrants mostly are from Asian countries where the income level is
much lower than that in South Korea. They enter South Korea by
legal or illegal channels. In fact the number of illegal migrants,
compared to legal ones, is much more and is rising continuously.
8
foreign workers in Korea by sending countries and the status of
migrant.
9
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
10
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 many
problems 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.
11
Education 0.02 0.01 0.03
Health & social work 0.1 0.03 0.1
Recreational, cultural & sporting 0.03 0.04 0.03
activities
Other community & personal 2.2 2.2 2.2
service activities
Private households with employed 3.9 0.3 10.6
persons
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
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 policy
implemented.
12
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. In
straightforward 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).
14
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 they
were 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 this
situation 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
worker’s right. In this case, trainees live in a precarious working
condition as they could be fired or retired from their job at any time
or 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
15
qualified to reside and work in Korea for another year in his capacity
as “worker,” not as “trainee” (Yoo, 2004: 4).
WATP EPP
Work After Training Employment Permit
Programme Programme
Responsible Korea Federation of Small Ministry of Labour
government body or and Medium Businesses
public organisation (KFSB); Construction
Association of Korea
(CAK); National
Federation of Fisheries
Cooperatives (NFFC);
National Agricultural
Cooperative Federation
16
(NACF)
Legislation No separate legislation Act on Foreign
(but relying on the Workers’ Employment
existing Departure and Etc.
Arrival Control Act)
Legal status of Trainee for the first year Worker for three years
foreigners and worker for the next
two years
Labour allocation Neither employers nor Employers have the
system workers have the opportunity to choose
opportunity to choose their workers
their workers or jobs
Protecting Industrial policy-related Employers should
employment considerations are given attempt to find native
opportunities for priority regardless of the workers for a certain
native workers labour shortage 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
The Foreign Workers Act states that the EPP and ITTP work
in 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 Act came
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
17
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. That’s 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).
18
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, often
membership-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 to
mobilise 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 Migrant
Workers in Korea (JCMK) (Lim, 1999: 18). The LDS, for example,
19
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 survey undertaken by the Christian Institute
for the Study of Justice and Development, at least 155 civil, religious
and 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%) is
concentrated 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 Migrant’s 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
20
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 not
have, 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 don’t have contracts with their employers. . Foreign
migrant workers have minimal negotiating power when determining
working 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 than
their set wage. (4) Health insurance: The large majority of migrant
21
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. Physical
assault 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 Elok—an 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 becoming
tangible 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.
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
26
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 protect
them 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.
27
Source: http://www.asianinfo.org/asianinfo/countries_map/map-
picture/korean_peninsula.gif
28
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