UN Committee on the Elimination of Racial Discrimination Issued Recommendations in May
The National Human Rights Commission of Korea has welcomed the Ministry of Justice's move to amend the law to exempt foreign workers who are victims of wage arrears from the obligation of being reported to immigration authorities.
On September 4, the Commission stated in a press release, "This measure by the Ministry of Justice implements recommendations from both the Human Rights Commission and the United Nations Committee on the Elimination of Racial Discrimination," adding, "It is expected to contribute to the effective relief of victims, help prevent future harm, and serve as a positive turning point in protecting the human rights of migrant workers."
The Commission pointed out, "Undocumented migrant workers who have suffered wage arrears are frequently threatened by employers with police reports or forced deportation when they attempt to claim unpaid wages." The Commission noted that this has led to a vicious cycle in which many workers give up seeking redress and leave the country. Such cases were identified in a fact-finding survey conducted by the Commission in 2023 and were also discussed at the Cabinet meeting presided over by the Office of the President on September 2.
The Ministry of Justice announced the previous day that it would seek to amend Article 84 of the Immigration Control Act, which currently requires government or local government officials who become aware of an undocumented foreign national during the course of their duties to report the individual to the head of the relevant local immigration office or foreign affairs office.
The Commission stated, "We hope the government's plan will be implemented swiftly, and we will continue our efforts to ensure that all workers, including migrants, are guaranteed fair compensation for their labor and can lead lives of dignity."
Previously, in May, the United Nations Committee on the Elimination of Racial Discrimination also recommended that the South Korean government expand the scope of exemption from the reporting obligation so that undocumented migrants can safely report violations of their labor rights.
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