Mobilizing public opinion for/against foreign labor policies in Korea, 1995–2005: NGOs, trade unions, and employers’ associations in contested terrain

With a rapidly increasing number of foreigners in Korea, it is necessary to manage and enhance the health status of migrant workers through effective heath care policy. For this purpose, this study was conducted to find ‘the conception and factors that affect the utilization of health care services among foreign migrant workers in Korea’ and apply the study results for establishing more effective heath care policy. The focus group interview was conducted by inviting 9 foreign migrant workers who had lived in Korea longer than one year and had experience of using health care services. This study employed the Andersen-Newman Behavioral Model which is one of the most widely known and applied behavioral theories for understanding and explaining health care service utilization. The study results showed that foreign migrant workers have experienced linguistic and cultural barriers, lack of proper information, time constraints, and economic burdens in using health care services in Korea. Due to these reasons, they avoid continuing medical care and usually rely on pain medicines. In particular, foreign migrant workers’ lack of social networks inhibits them from accessing immediate information and assistance. This is one of the major barriers in using proper health care services. Based on the results of this study, several policy and practical suggestions were made.

BackgroundA high burden of physical, mental, and occupational health problems among migrant workers has been well-documented, but data on undocumented migrant workers are limited and their well-being has rarely been compared to that of the general population.MethodsUsing data from a cross-sectional survey of non-professional migrant workers in South Korea in early 2021, we described their physical, psychological, social well-being and health behaviors across a wide range of outcomes, including self-rated health, occupational injury, cigarette smoking, heavy alcohol consumption, meal pattern, happiness, mental illness, social support, and social participation. The outcomes were first compared between documented and undocumented migrant workers in generalized linear regressions adjusting for potential confounders. Then, the well-being of the migrant workers was compared against that of the general population using data from the Korean Happiness Survey, which is a nationally representative survey of the South Korean general population conducted in late 2020. The parametric g-formula was performed to adjust for potential confounders.ResultsAfter adjusting for potential confounders, the undocumented migrant workers were less likely to be happy or participate in social communities, and much more likely to have anxiety or depression, smoke cigarettes, or engage in heavy alcohol consumption than the documented migrant workers. When compared to the general South Korean population, an evident social gradient emerged for happiness and mental illness; the undocumented experienced the worst outcome, followed by the documented, and then the general population. Also, the undocumented migrant workers were more likely to smoke cigarettes than the general population.ConclusionThe undocumented migrant workers face considerably greater challenges in terms of mental health and happiness, demonstrate higher rates of risky health behaviors such as smoking and heavy drinking, and experience a lack of social support and community integration. A stark social gradient in happiness, mental illness, and cigarette smoking exists among the documented, undocumented migrant workers and the general population in South Korea. Socio-structural factors are likely to play a crucial role in contributing to the suboptimal level of overall well-being of undocumented migrant workers. Policy-level interventions as well as interpersonal efforts are in urgent need.

Migrant workers now represent an increasing percentage of workers in Korea, but few studies have evaluated work-related health risks in this population. In this study, we explored the relative risk of occupational injuries and diseases in migrant workers compared with native Korean workers. An analysis of work-related injuries and diseases among migrant workers in Korea during 2005-2007 was conducted in each industrial subsector using nationwide data. Risks of fatal and non-fatal occupational injuries for migrant workers were considerably higher than their Korean counterparts. The industry-adjusted standard mortality ratios of fatal occupational injuries were 1.89 (1.45-2.47), 2.29 (1.81-2.88), and 1.73 (1.36-2.22) for 2005, 2006, and 2007, respectively. A greater proportion of migrant workers is exposed to higher risks of occupational safety and health issues than their Korean counterparts, demonstrating that the occupational safety and health of migrant workers requires more attention than that of Korean workers.

The number of undocumented migrant workers in Korea is increasing. They are not covered by national health insurance, and thus find it difficult to access medical services. A number of medical service teams from religious organizations and some hospitals provide targeted services to migrant workers through special programs, but they face many limitations of scope and resources. In a globalized world, undocumented migrant workers should not be treated as simply passing through. Health care for these guests to our country should be of the quality we would expect for our neighbors and families.

Despite a rapid increase of both migrant workers and incidence of HIV infection in Korea, little is known about the relation between the two. This paper examines the vulnerability to HIV infection of migrant workers in Korea, highlighting socio‐cultural, political and economic contexts. Major information sources include articles, government reports, archives in migrant‐support and AIDS‐prevention organizations and in‐depth interviews with government officials, NGO representatives and migrant workers. The study reveals migrant workers in Korea face an environment of discrimination and isolation because of their status as foreigners from less developed countries and with jobs characterised by low pay and status. Encountering stress and loneliness and without family support, migrant workers – especially single males, those undocumented and females in the sex industry – engage in risky sexual behaviours such as commercial and casual sex, leaving them vulnerable to HIV infection. Little knowledge of STD/HIV, few STD/HIV prevention programs and easy access to commercial sex compound migrant workers’ vulnerability to HIV infection. The situation is worsening and current government policy, including lack of education, largely contributes to the problem.

This study explores how the exposure of crime news on and contact experience with migrant workers in Korea affect xenophobia and social distance against them in terms of negative emotion, stereotype, and protection motivation (perceived severity, perceived vulnerability, response-efficacy, and self-efficacy). The data were collected from 388 college students. Results indicate that exposure of crime news on migrant workers in Korea has positive causal relationships on Koreans’ perceived severity and vulnerability on migrant workers’ crime. In addition, exposure of crime news on migrant workers in Korea is negatively associated with response-efficacy on the crime. Contact experience with migrant workers in Korea has positively influenced stereotyping of migrant workers and self-efficacy on migrant workers’ crime. Negative emotion, stereotype, and threat appraisal (perceived severity and vulnerability) of protection motivation on migrant workers and their crime in Korea have positively influenced Koreans’ xenophobia and social distance against them. Unlike previous studies, exposure of crime news on migrant workers in Korea has caused negative estimates on migrant workers’ crime while it has no influence on negative attitudes and perception of migrant workers. Experience of contact with migrant workers is shown not reduce the negative attitude towards migrant workers but rather is shown to reinforce stereotypes of them. In a period where Korea is becoming a multi-cultural society, it is necessary that alternative perspectives should be served to investigate the impact of news exposure of migrant worker crimes in Korea and Koreans’ contact experience with them on Koreans’ xenophobia and on the social distance between Koreans and migrant workers.

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

With its offer of competitive compensation and attractive employment permit system (EPS), South Korea has recently experienced an influx of migrant workers. There has been a concomitant rise in the concerns about the health and safety of migrant (especially undocumented) workers as well. The purpose of this study was to identify the prevalence of work-related health and safety problems among Filipino migrant workers and determine the relationship between migration status and occupational health and safety (OHS) problems. We conducted a survey of 116 Filipino migrant workers, both legal and undocumented. We utilized the Korean Occupational Stress Scale (KOSS), Nordic Musculoskeletal Questionnaire (NMQ), and a validated health and safety questionnaire to assess the various forms of occupational health problems they face. A focus group discussion (FGD) was also conducted to cross-validate information from the questionnaire. Descriptive data were presented in percentages, mean, and standard deviation (SD). Chi-squares tests and logistic regression analyses were performed to estimate the degree of association between variables (P < 0.05). Among the eight subscales of KOSS, inadequate social support (2.48), organizational injustice (2.57), and lack of reward (2.52) were experienced by workers. There was a 44.83% prevalence of musculoskeletal disorders (MSDs) with the arm/elbow having the highest rate, followed by the shoulder and low back regions. Inadequate social support and discomfort in organizational climate and overall MSDs prevalence showed significant relationships with migration status (P < 0.05). A significant relationship between migration status and some of the OHS problems faced by Filipino migrant workers in Korea was observed. In this study, undocumented workers were seen to be more vulnerable to stressors as compared to those employed legally.

This chapter summarizes Mexico's questions concerning de jure discrimination prejudicial to labor rights of undocumented migrant workers. It then analyzes leading cases of de jure discrimination in U.S. domestic remedies for undocumented migrant workers- Sure-Tan v. National Labor Relations Board and Hoffman -as well as the intervening Immigration Reform and Control Act of 1986. The chapter then considers the state of applicable international law prior to the Court's Advisory Opinion: (1) Fundamental international labor rights of all workers, including undocumented workers. (2) Treaties specifically protecting undocumented workers, but only in a relatively few states parties. (3) Whether discrimination against migrant workers, based on their undocumented status, was limited by international norms of equality and non-discrimination. (4) Whether denial of certain remedies for undocumented workers violated their internationally protected rights. (5) The progressive development of the internationally protected rights of migrant workers. (6) Whether norms of equality and non-discrimination are jus cogens . Keywords: court's advisory opinion; de jure discrimination; international law; labor rights; Mexico; non-discrimination; undocumented migrant workers

[This article aims to identify jurisprudence which advances the standards of treatment of unauthorised migrants in the context of often hostile domestic laws and political rhetoric. Due to its universalist and humanist underpinnings, many would consider international human rights law to be a natural source of rights protecting migrant workers. However, human rights doctrine takes a chequered approach to the protection of those living or working in a foreign state without visa authorisation. Even the Migrant Workers Convention recognises states' sovereign prerogative over immigration control, and thereby fails to cater to the especially precarious position of irregular migrants who decline to assert their rights for fear o f facing sanctions under immigration laws. It is argued that we need to look to regional judicial forums to find international legal doctrine which articulates a progressive legal framework robustly protective of irregular migrants' rights. This article canvasses jurisprudence in the regional Human Rights Courts in Europe and the Americas which succeeds, in different ways, at decoupling the absolute discretion of states to regulate border control from the substantive rights of irregular migrants once present in a host state.] CONTENTS I Introduction II The Rights of Irregular Migrants and the Promise of Human Rights Law A Arguments for the Need to Protect Irregular Migrants B The Promise of Human Rights Law III The Hesitant Approach of Human Rights Law to the Protection of Irregular Migrants A Irregular Migrants and the International Covenant on Civil and Political Rights B The Innovation Presented by the Migrant Workers Convention IV Seeking Out More Progressive Doctrine: The Regional Human Rights Courts A European Jurisprudence on the Right to Family Life B The Inter-American Court of Human Rights V Conclusion I INTRODUCTION International migration featured high on the United Nations' agenda in 2006, when, on 14 and 15 September, government delegations from around the world met for the UN General Assembly's High-Level Dialogue on International Migration and Development. (1) This same year saw hundreds of thousands of people lining the streets of Los Angeles with placards proclaiming 'no human is illegal'. (2) Clearly, international migration has become the subject of urgent policy debate within many countries and at the international level. It is equally evident that no single issue is more contentious than that of the movement of people without state authorisation, described in international parlance as 'irregular migration'.(3) As the Australian Government attempts to guard against the entry of asylum seekers arriving by boat, (4) even 'fortress Australia' (5) is not insulated from irregular (or 'undocumented') migrants, in December 2005, there were approximately 46 400 visa overstayers in Australia, (6) together with an unknown number of non-citizens present in Australia with valid visas who were working in breach of their visa conditions. (7) In current Australian public debate, as in most Western countries, irregular migrants are maligned as 'economic migrants' (8)--less deserving even than refugees because the circumstances precipitating their arrival in Australia are not considered to found a legitimate claim to stay on Australian soil. (9) As irregular migrants have not been extended the privilege of entry into Australian territory, enforcement plays a dominant role in political discourse. (10) Those who advocate for the rights of undocumented migrant workers are often blocked by the hold that the mantra of border control has on the popular psyche. This article has the practical goal of identifying jurisprudence which advances the standards of treatment of unauthorised migrants in the context of often hostile domestic laws and political rhetoric. It is hoped that this article will fuel a more sophisticated public debate about the conceptual frameworks necessary to protect the rights of undocumented migrant workers. …

IntroductionThe COVID-19 pandemic has exposed various health risks and inequities experienced by international migrant workers. The number of migrant workers in the Republic of Korea (ROK) is rapidly growing and is expected to continue growing. Health related research on migrant workers in ROK is limited, especially among undocumented migrant workers who were more vulnerable to the pandemic. This study aims to examine the experiences of migrant workers and their knowledge and awareness of treatment and immigration policies during the pandemic.MethodsWe used data from the International Migrant Workers’ COVID-19 Health Literacy and Access to Medical Care project, a cross-sectional survey conducted with international migrant workers residing in ROK in 2021 (n = 537). Descriptive statistics and multivariable regression models were employed to understand different demographic, occupational, and immigration factors affecting migrant workers’ knowledge and awareness of treatment and immigration policies.ResultsUndocumented migrant workers had a longer length of residence in ROK and earned less compared to workers with work visa status. None of the undocumented migrant workers had access to health insurance since they were ineligible to enroll in the national health insurance scheme. In the early days of the pandemic, most undocumented migrant workers experienced a decrease in their average income. After adjusting for demographic differences and language proficiency, undocumented migrant workers (AOR: 0.41, 95% CI: 0.21, 0.78) were less likely to be aware of the policy allowing foreigners, including undocumented individuals, to access COVID-19 testing and treatment without the risk of deportation. Workers with a longer length of residence (AOR: 1.29, 95% CI: 1.09, 1.53) were more likely to be aware of this policy.ConclusionUndocumented migrant workers were often less informed about COVID-19 policies. While most of the survey respondents were knowledgeable about governmental policies regarding COVID-19 treatment and immigration, our results reveal multiple occupational and health insurance vulnerabilities of undocumented migrant workers living in ROK. More attention is needed to understand healthcare service barriers and how to provide adequate resources for this vulnerable population.

This study explored how perceived stress and other common characteristics affected the alcohol consumption of the Filipino migrant workers in South Korea. 201 Filipino migrant workers (78.1% male, 21.9% female) completed the questionnaire containing the Perceived Stress Scale (PSS) for measuring perceived stress and Alcohol Use Disorders Identification Test-C (AUDIT-C) for measuring hazardous drinking.  Pearson’s correlation, regression analysis, T-test and ANOVA were used for statistical analysis. The results revealed that perceived stress was significantly correlated with alcohol consumption among undocumented migrant workers but not with their documented counterparts. Perceived stress also was found to have predicted alcohol consumption among the undocumented migrant workers. Significantly, documented migrant workers have lower levels of perceived stress and alcohol consumption compared to the undocumented migrant workers.

불법파견의 심각성은 익히 잘 알려져 있으나, 특히 미등록 이주노동자들에 대한 불법파견은 더욱더 광범위한 위험회피수단으로 악용되고 있다. 사용사업주는 퇴직금 미지급, 산업재해 발생에 따른 산재보험료 인상 위험을 파견사업주에 떠넘길 수 있는데, 미등록 이주노동자의 경우 이에 더해 출입국사무소 단속 시의 위험까지도 파견사업주에 전가하고 있다. 이러한 간접고용으로 인하여 실제로 노동력을 제공받아 이익을 누리는 사용사업주에게 그에 합당한 책임을 부과하는 제도가 구축되어 있지 않다. 피해를 본 미등록 이주노동자는 실제로 자신에게 업무 지시한 사용사업주 대신 영세한 파견사업주를 상대로 해야 하므로 자신의 권리를 제대로 보호받기 곤란한 경우들이 많다. 이러한 폐해를 막기 위해서는 사회 전반에 퍼져있는 간접고용을 직접고용으로 전환하도록 하고 불법파견을 철저히 단속해야 할 것이다. 미등록 이주노동자의 가장 기본적인 권리인 퇴직금마저 주지 않으려는 사업주들의 얄팍한 행동을 묵과해서는 안 될 것이다. 노동자는 국경, 민족 구분이 없듯이 미등록 이주노동자에 대한 불법파견을 막는 것이 결국 내국인 노동자들의 노동인권도 향상시키는 일이 될 것임을 믿어 의심치 않는다.The seriousness of illegal dispatch is well known. In particular, illegal dispatch of undocumented migrant workers has been abused by employers as a further extensive means to avoid risks; employers can transfer the risk of a raise in industrial accident compensation insurance premium rate due to unpaid severance pay and industrial accidents to dispatching companies. Furthermore, even the risk of crackdown on undocumented migrant workers by the immigration office is passed onto dispatching companies. No system has been established to impose reasonable responsibilities on the employers, who benefit from indirect employment. In many cases, undocumented migrant workers’ rights are hardly protected, as those workers have to deal with small dispatching companies instead of the employers who gave them work orders. In order to stop the abuse, it is necessary to convert indirect employment spread across the entire society into direct employment and strictly regulate illegal dispatch of workers. We should not tolerate employers’ shallow conduct of ignoring severance pay, which is the most essential right of undocumented migrant workers. There is no doubt that, as there is no border or ethnicity among laborers, preventing illegal dispatch of undocumented migrant workers will eventually improve the labor rights of domestic workers as well.

본 연구는 한국에 거주한 외국인 근로자들의 문화 변용 유형이 삶의 질에 어떤 영향을 주는 지를 연구하였다. 2017년 6월부터 2017년 8월까지 서울 및 경기도에 거주하는 있는 179명의 외국인 근로자 대상으로 조사 연구하였 다. 본 연구의 측정도구는 EAAM(문화변용유형)과 WHOQOL(삶의 질)을 사용하였다. 연구 결과, 외국인 근로자 들의 통합유형과 동화유형의 점수가 높아질수록 삶의 질 수준도 높아지는 것으로 나타났다. 주변화 유형의 점수가 낮아질수록 삶의 질 수준은 높아지는 것으로 확인되었다. 또한 연구결과는 나이, 월급, 한국 거주기관, 통합유형 및 분리유형은 외국인 근로자들의 삶의 질에 영향을 미치는 주요한 변수임을 확인하였다. 끝으로, 본 연구 결과를 토대로 사회복지 실천적 함의와 사회복지 정책적 함의를 제시하였다. 외국인근로자들과의 상담을 실시할 시필요한 사회복지 임상적 함의를 제안하였다This research study examined the impact of acculturation types on quality of life among migrant workers in South Korea. From June in 2017 to August in 2017, a participant of 179 migrant workers were recruited from cities in Gyeonggi-Do, and completed the questionnaires of acculturation types(EAAM) and quality of life(WHOQOL). The findings indicate that increased scores of integration and assimilation were associated with a high level of quality of life. Also, decreased score of marginalization was associated with a high level of quality of life. This research also showed that age, monthly income, years in Korea, integration, separation were important predictors for quality of life among migrant workers. Such research findings are discussed in terms of social work practices and social policies. Recommendations to guide social workers in their work with migrant workers are made.

SOJOURN is an interdisciplinary journal devoted to the study of social and cultural issues in Southeast Asia. It publishes empirical and theoretical research articles with a view to promoting and disseminating scholarship in and on the region. Areas of special concern include ethnicity, religion, tourism, urbanization, migration, popular culture, social and cultural change, and development. Fields most often represented in the journal are anthropology, sociology, and history.