The citizenship of foreign workers in South Korea

Abstract

The inflow of migrant workers poses many challenges to an ethnically homogenous Korean society. They have different features with regard to citizenship. In this article, I analyze the citizenship of migrant workers in Korea from three dimensions – immigration policies, access to long-term and permanent residency and national citizenship, and the rights of migrant workers. First, I analyze requirements for employment and residency as stipulated in the Departures and Arrivals Control Act and the problems of differential application to target groups. Second, I discuss regulations in the Departures and Arrivals Control Act and the Nationality Act concerning the length of stay and requirements and process of applying for long-term and permanent residency, or Korean nationality. Third, I go over the basic rights of migrant workers: (1) civil rights; (2) social rights such as the rights to engage in work, the three primary rights of labor, social welfare rights, and the right to education of children of migrant workers; and (3) political rights including residents' rights for local autonomy. I closely analyze the difference in citizenship according to visa status and try to pinpoint key social problems of today. I also reflect on the desirable direction of Korea's immigration policies.