• 최종편집 2022-05-25(수)

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  • Workers at risk of forced deportation because they did not apply for an extension of their employment permit
    The Anti-Corruption and Civil Rights Commission, a South Korean government agency, has recently decided that it is necessary to extend the period of employment for foreign workers residing in Korea, who are at risk of forced deportation, in order to solve the labor shortage at worksites in a situation where it is difficult to introduce foreign workers due to the spread of COVID-19. Person A is a foreign worker of Nepali nationality and entered Korea in February 2017 through the employment permit system. Person A worked diligently and legally at a workplace in Jeollanam-do for 5 years until February 2022, when the employment period expires. In the meantime, a policy was implemented to automatically extend the employment period of foreign workers residing in Korea without a separate application to resolve the manpower shortage caused by the spread of COVID-19. As a result, A’s employment period was automatically extended by one year until February 2023. If a Korean employer continues to hire a foreign worker who has received an extension of the employment period, he/she must apply for an extension of the employment permit period to the head of a job security agency. However, the employer, who did not receive detailed information about this, did not apply for an extension of the employment permit period for A, whose employment period was extended. As a result, A was in danger of being forced to leave the country as the existing employment permit period and employment period expired. The Anti-Corruption and Civil Rights Commission comprehensively considered that ▲the extension of the employment period for foreign workers is a policy goal to help solve the manpower shortage in front-line worksites ▲the fact that detailed information regarding the extension of employment permits, etc. was not provided, so that the application could not be made within the period ▲While it is difficult to see that extending the employment permit of A would greatly damage the public interest, it is expected to be of great help in resolving the manpower shortage in the workplace, etc. Accordingly, the Anti-Corruption and Civil Rights Commission expressed its opinion to the relevant agencies to extend the employment permit for Mr. A. Although the Anti-Corruption and Civil Rights Commission's opinion is not necessarily followed by the relevant agencies, it is known that the extension of A's employment period is highly likely to be accepted as the Anti-Corruption and Civil Rights Commission has sufficiently consulted with the relevant agencies in advance regarding A's case. . Lim Gyu-hong, deputy director general for complaints deliberation officer of the Anti-Corruption and Civil Rights Commission, said, “We will make an active effort to resolve grievances of foreign workers residing in Korea through employment permits and grievances at Korean workplaces that are suffering from a manpower shortage.” Reporter Hasung Song
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    2022-05-19
  • We need to introduce more foreign workers to Korea and make them stay longer!
    On May 12, the Korea Federation of Small and Medium Enterprises held the ‘Great Debate of Foreign Workforce Policy Transformation’ at the Korea Federation of Small and Medium Enterprises in Yeouido, Seoul. The Korea Federation of Small and Medium Enterprises (SMEs) is an organization representing small and medium-sized enterprises (SMEs) in Korea and has considerable influence. The forum was prepared to find out the policy direction for foreign workers to respond to changes in the domestic demographic structure, resolve the manpower shortage of SMEs, and strengthen corporate competitiveness. Lee Gyu-yong, Senior Research Fellow at the Korea Labor Institute, who was responsible for the presentation, pointed out, “The impact of changes in the Korean demographic structure is deepening the total manpower shortage, the rapid aging of the labor force, and the decrease in the skilled labor force, and more. It is necessary to actively respond to such risk factors.” To solve this problem, Research Fellow Lee suggested the △establishment of a comprehensive foreign manpower management system △extension of the period of stay, establishment of a system to prevent side effects from moving workplace △and reorganization of foreign manpower introduction system and related laws. Next, Professor Noh Yong-jin of Seoul National University of Science and Technology said, △expanding foreign workers’ information access and strengthening their options △ preparation of measures to improve labor productivity in response to the minimum wage increase △ overall re-examination of workplace changes △ fostering skilled workers such as access by type of skilled worker and incorporation of skilled workers for re-entry exceptions are necessary. In a panel discussion presided over by Professor Park Young-beom, Hansung University Professor Noh Min-seon, a research fellow at the Small and Medium Venture Business Research Institute, said, “△ expansion of the scale of introduction of foreign workers △introducing foreign specialists for small and medium-sized enterprises (SMEs) △ regional arrangement at the time of selection △effective management of illegal immigrants are needed.”  Min Dae-hong, chairman of the Korea Clay Brick Industry Cooperative, said, “The employment period of foreign workers in Korea should be significantly extended.” And he also emphasized that, “In addition, although the allowable number of employees is currently raised by 20% in local companies and root industries, it is necessary to increase the allowable number by more than 100% in order to solve the manpower shortage in the field.” Meanwhile, Lee Young, head of the Foreign Welfare Center in Namyangju, insisted, “For foreign workers, it is necessary to △according to the 'workplace freedom principle' of the Constitution, permitting change of workplace in principle and △ it is necessary to extend the period of employment in Korea, including special re-entry cases.” The discussion on this day suggested changes to the Korean employment and management system for foreign workers, and it is evaluated that some pressure was put on the government. Reporter Hasung Song
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    2022-05-18
  • Can my family from my home country work as a seasonal worker if they come to Korea on a tourist visa first?
    I have a marriage immigrant F-6 visa. I would like to invite my cousin in Thailand as a seasonal worker. However, I saw in other communities that if you want to invite your family members in your home country as a seasonal worker, they can get a C-4 visa first, and then change it to an E-8 seasonal worker visa when they come to Korea. In addition, I heard that only Korean families who invite has to be farmers and farm rice fields can invite. Is it true? Can a non-farmer Korean not invite their native cousin? Recently, inquiries from marriage immigrants who want to invite their family members as seasonal workers are increasing. In Korea's seasonal worker system, which is currently in effect, marriage immigrants do not invite their family members from their home country, but local governments that want seasonal workers receive the recommendation of marriage immigrants and invite their families. It doesn't matter what kind of job the Korean family of marriage immigrants had. Therefore, marriage immigrants who wish to invite their family members to Korea as seasonal workers must first call the local government that wants to hire seasonal workers and inquire about the procedure. Some local governments do not invite married immigrants' families from their home countries, but hire foreigners who are currently in Korea as seasonal workers. For this reason, there are rumors that if you enter Korea first, you can change to a seasonal worker visa later, but this is not true. If a foreigner wants to enter Korea first, the C-3 short-term visa is the fastest and most convenient visa. However, foreigners who entered Korea on a C-3 short-term visa cannot work as seasonal workers. Among foreigners entering Korea, visas that can work as seasonal workers include F-3 accompanying, F-1 visiting and living together, H-2 non-employment contract visiting employment, D-2 D-4 study abroad, D-1 culture and arts, D-10 job search visa (F-5 and F-6 visas are of course possible) Exceptionally, the C-3-1 short-term visa, which allows you to work seasonally, is only applicable to foreigners who voluntarily leave the country in accordance with the ‘Virtuous Cycle Illegal Foreigners Voluntary Departure System’ implemented by the Korean government in December 2019. The C-4 visa you mentioned is a short-term seasonal work visa. Therefore, you must first obtain approval from the local government in Korea. Papaya Story has confirmed by calling 63 local governments directly to see which local governments are currently hiring seasonal workers. Please check the following link for more details. -Article Link : There are 10 cities where multicultural families can inquire about inviting seasonal workers Legal Consultation for Foreign Residents ‘Papaya Story Living Legal Visa Support Center’ English 031-8001-0211 / Law Firm (Limited) Min ‘Immigration Legal Support Team’ 02-3477-5550, email beobil2002@lawmin.net
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    2022-05-17
  • Foreign workers also participate in community service activities!
    On April 9, Gyeonggi Global Center (CEO Song In-seon) started creating a street environment for spring with the immigrant and multicultural family volunteer group. Participants met for the first time in a long time and picked up trash at the railway park in Songnae-dong, Bucheon and along Gyeongin-daero. Before Corona, they volunteered regularly on the last Saturday of every month, but as the number of corona patients increased, they were unable to do so. The volunteers gathered on this day first gathered at the center of education building and received basic training on volunteer activities. They also made a new commitment to volunteer activities by watching videos of their past activities they have done. Jeon Ok-ran (female. 49), who is from China and has been in Korea for a year, participated in volunteer activities for the first time with her first-year middle school son.  Muhammad Khajim (male, 46) from Pakistan received applause for saying, “I am happy to have a good experience of volunteering in Korea. If you call me anytime, I will provide a hamburger as a snack” On this day, after cleaning the street for about 4 hours, they gathered on a park bench to share their impressions of the activity. One volunteer said, "Honestly, in the past, I have just thrown out garbage on the street. However after today, I will never throw away trash recklessly”. Ali Mudasar (male, 38), the chairman of the volunteer group, said, “As the chairman of the Gyeonggi Global Center Immigration and Multicultural Families Volunteer Group, I plan to continue volunteering in the future. I will monitor the spread of the corona infection and plan to volunteer in the countryside this fall.”  The Gyeonggi Global Center finds and provides sources of volunteer activities so that immigrants can voluntarily and steadily engage in various volunteer activities. Through this, you can accumulate points on the volunteer portal site (www.1365.go.kr). Volunteer points accumulated in this way can be advantageously submitted when a foreigner changes his/her visa in the future. Especially, it is an important additional point for visas that change to a point system. Reporter Jieun Lee Gyeonggi Global Center>
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    2022-04-20
  • Foreigners likely to suffer the most if differential application of minimum wage is introduced
    The minimum wage deliberation process to be applied next year started on the 5th. The Minimum Wage Committee held its first plenary meeting on April 5 and started discussing the minimum wage to be applied in 2023. The most controversial aspect in determining the minimum wage for next year is to apply the minimum wage differentially. Particularly, attention is focused on the results as President-elect Yoon Seok-yeol put weight on the plan to apply the minimum wage differential by region and industry at the time of the presidential election. President-elect Yoon has said that if the minimum wage is raised uniformly and sharply in a situation where COVID-19 overlaps, the burden on small business owners will increase. Korea's current Minimum Wage Act makes it possible to apply the minimum wage differentially by industry, but it was not fully implemented because it was difficult to set objective standards and could cause a stigma effect on low-wage industries. If the differential minimum wage becomes a reality in Korea, foreign workers are highly likely to suffer the first. Korea is one of the few countries in the world that currently applies the same minimum wage to Koreans and foreigners. The reason that the minimum wage system is operated is that if there is an industry that applies the minimum wage differentially, Koreans will not want to work in that industry, and then more foreign workers may work in the low-wage industry. Then, it is highly likely that Korea's employment rate for Koreans will decrease and only the demand for foreign workers will increase. Although the possibility is very low, if the law is amended in the direction of applying a lower minimum wage only to foreigners, a bigger problem will arise. Not only will there be criticisms of discrimination against foreigners, the preference for low-wage foreign workers in Korea will be even greater. As a result, there will be fewer jobs for Koreans. If the differential minimum wage is introduced in any way, it is highly likely to cause great chaos in the Korean job market. Reporter Jieun Lee
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    2022-04-06
  • How do foreign residents get back of their national pension payment?
    Unlike health insurance, foreign residents who are engaged in economic activities in Korea and pay national pension payment are almost impossible to benefit from it. This is because it is difficult to live in Korea until the age of 64, when the national pension is eligible.  Therefore, the interest of foreign residents, who are difficult to receive National Pension benefits, is growing of how to receive back the National Pension. So the National Pension Service is operating a lump-sum refund system of the national pension for foreigners. Under this system, when a foreigner permanently returns to his/her home country, interest will be added to the national pension payment and returned. In order for a foreigner to receive his or her national pension back through this system: ①If the foreign national’s home country law provides for a lump-sum refund to Korean nationals ②If the social security treaty concluded between the Republic of Korea and the foreigner’s home country has provisions related to the lump-sum refund ③If you are enrolled in the National Pension Service by E-8, E-9, and H-2 status of residence. The reason why regulation ① exists is that the national pension system adopts reciprocity between countries. For example, the Philippines and Indonesia allow foreigners to join their national pension in but do not return them back. Therefore, it is fundamental that Korea does not refund the national pension payment to migrants from the Philippines and Indonesia. However, it is still returned because it falls under the provisions of ② and ③. Airport return system In Korea, foreign residents can get their national pension back at the airport. This system, introduced in 2010, is to provide a lump-sum refund in cash at Incheon International Airport to foreigners returning to their home countries. After the introduction of the service, about 51,000 foreign residents (as of June 2020) received their national pension back at the airport. You can apply at the National Pension Service counter at the airport. How to claim before departure If you submit documents proving that you plan to depart within one month, such as an airplane ticket, you can claim the national pension payment even before departure. Foreigners must visit a branch of the National Pension Service and apply for refund, and they must submit a claim for ▲benefits bill ▲ a passport ▲a deposit account, and ▲a flight ticket (within 1 month). Payments are made within a week for domestic bank accounts and within one month for foreign bank accounts. It is possible to claim by mail from overseas after leaving the country, but it is better to file a claim before departure because the procedure is complicated and takes a lot of time. Convention’s home country claim The National Pension Service allows foreigners from six countries that have signed a memorandum of understanding with Korea to apply for a lump-sum refund in their home country after leaving the country. Countries that have signed the MOU include Thailand, Sri Lanka, Mongolia, Uzbekistan, Kyrgyzstan, and Indonesia. Reporter Song Hasung
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    2022-04-01
  • Ministry of Justice confirms 11,550 foreign seasonal workers in the first half of this year.
    The Ministry of Justice held the ‘Foreign Seasonal Workers Allocation Review Council’ at the Seoul Global Center conference room on February 25 and confirmed the scale of the introduction of foreign seasonal workers in the first half of 2022. At the meeting, the Ministry of Justice decided to allocate 11,550 seasonal workers to 9 metropolitan and 88 local governments. For this consultation, the Ministry of Justice received applications for the first half of the year from 88 local governments (3,575 farming and fishing households and 44 corporations) nationwide by February 11th, and the competent immigration agency went through basic examination. This is an increase of 216% from the 5,342 people allocated in the first half of 2021, and is expected to greatly help in resolving the manpower shortage in rural areas, which is suffering from a shortage of workers. Farmers, fishermen and local governments who have not applied this time will receive applications by June 2022 and will be assigned promptly through the seasonal worker allocation council scheduled to be held in early July. In the meantime, the Ministry of Justice has continuously collaborated with related ministries such as the Ministry of Agriculture, Food and Rural Affairs to solve the problem of manpower in rural areas, significantly revised the seasonal worker system to suit the reality of rural areas, and held several meetings with local government officials and government officials in Korea and made an active effort to solve the difficulties of introducing foreign manpower by providing a meeting place. As a result, the number of MOUs signed between local governments at home and abroad is expected to significantly increase from 16 cases in 2021 (543 people entering the country) to 65 cases in 2022, which is expected to significantly contribute to the actual introduction of manpower within the scope of allocation in the first half of the year. Reporter Lee Jieun
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    2022-03-03
  • A foreign worker living in poor dormitory dies again in fire accident.
    A (46), an Indian citizen who worked at a food factory in Paju-si, Gyeonggi-do, died in a fire on February 22 while living in a container provided by the company. He came to Korea as a refugee in 2019 and got a job in a factory. Mr. A lived in the container in question by himself to save even a penny of his living expenses. A refrigerator, wardrobe, shoe cabinet, tableware, sink, and bed are all in his container’s 27 square meter space. There wasn't even a toilet. In addition, containers only block the wind, but cannot block sub-zero cold, so heaters, which are vulnerable to fire, have no choice but to be used. It is not the first time that a foreign worker suffers great damage from a fire while living in a poor residential environment. In December 2020, SokHeng, a Cambodian migrant worker in her thirties working on a farm in Pocheon, died while sleeping in her vinyl house dormitory. Of course, it was found that the cause of death was disease, but the poor living conditions of foreign workers who did not even operate boilers caused a big sensation in Korea. Regarding the death of Mr. A in Paju, the Migrant Workers Equality Coalition issued a statement saying, “Mr. A died while working hard in a foreign country with his wife and 6-year-old daughter in his home country. We pray for the well-being of the deceased and convey our deep condolences to the bereaved family," and criticized, "The death of migrant workers has not been eradicated because the government has left poor accommodation unregulated." According to the Ministry of Labor, 31.7% (5,3) of 15,773 workplaces that have obtained employment permit for foreigners as of 2020 did not meet the minimum standard for foreign dormitories set by the Ministry of Labor, 21.4% from the same period of the previous year (10.3%) points increased. This means that 1 out of 3 migrant workers' dormitories are vinyl houses or containers that do not have air conditioning or firefighting facilities. In response, the Ministry of Employment and Labor said, "From 2021, if an illegal temporary building is provided as a dormitory for foreign workers, employment permit is not allowed." It said, "In addition, 3,000 workplaces are inspected on-site every year to manage dormitory facilities." In particular, from July 2021, foreign workers are required to submit photos and videos in addition to the dormitory facility table so that they can fully know the information about housing facilities. And it said, "The workplace in Paju, Gyeonggi-do, where the fire accident occurred this time, is a company that hired foreign workers without obtaining permission for employment." Reporter Lee Jieun
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    2022-03-02
  • Migrant fishing crew members should not be discriminated in compensation for industrial accidents “same as Koreans”.
    A court has ruled that migrant workers who have suffered fractures while working on a Korean fishing boat should be compensated for industrial accidents based on the same wage as that of Korean sailors. Migrant seafarers who received lower wages than Korean seafarers were also discriminated against in industrial accident compensation, which was considered illegal. On January 19, the Seoul Administrative Court's 1st independent administrative court ruled in favor of the plaintiff in a lawsuit filed against the Korea Federation of Fisheries Cooperatives by Indonesian-born A, who worked on a Korean fishing boat. Mr. A has been working as a sailor on a 35-ton vessel for a Korean company since March 2018, and in December of that year, his right hand was sucked into a net-raising machine, and the back of his hand and the bones of his fingers were broken. Person A, who had to receive treatment by April 2020, applied for an industrial accident and received about 2.4 million won in sickness and sickness benefits and 13 million won in disability benefits from the Fisheries Cooperative Federation. However, this was significantly insufficient compared to Korean sailors. Injury and sickness allowances are determined according to the “minimum wage for seafarers,” because the minimum wage for foreign seafarers is lower than that for Korean seafarers. In response, Mr. A filed a lawsuit, saying, "Please pay disability benefits based on the minimum wage announcement for Korean seafarers." The 1st single administrative court said, "Even in the case of Mr. A, it is reasonable to say that he should receive sickness and sickness benefits and disability benefits based on the wages applied when compensating for Korean fishermen's accidents "When determining the compensation for industrial accidents of migrant sailors, foreign sailors should not be disadvantaged unless otherwise specified," it ruled. Meanwhile, the Ministry of Oceans and Fisheries announced on January 19 that it had decided to raise the minimum wage for foreign fishermen (boards of 20 tons or more) to the level of the minimum wage for Korean seafarers by 2026. Reporter Song Hasung
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    2022-02-03
  • Does my monthly salary match the minimum wage set by the Korean government?
    The minimum wage in Korea this year was set at 9,160 won per hour, up 5.1 percent increase from last year. This applies equally to not only Koreans but also foreign residents. But how is the minimum wage calculated? Is the salary I get paid in line with the minimum wage?   In the case of part time jobs If a part-timer who works 4 hours a day (20 hours a week) from Monday to Friday receives 200,000 won a week, the hourly wage of this part-timer is 10,000 won. It is being paid above the minimum wage. However, it is a different story if you work 5 days a week and work every week like this, rather than just working 5 days for one time. That's because of ‘weekly leave allowance'. Weekly leave allowance is money paid by the employer when the employee has worked 15 or more hours in a week. If the above part-timer goes to work without missing a day, one of Saturday and Sunday is a paid holiday. Based on the minimum hourly wage of 9,160 won, part-time workers who work 4 hours a day receive 36,640 won a week's holiday pay. The minimum weekly wage, including weekly leave allowance, should be 9,160 won x 24 hours = 211,840 won. Therefore, if a part-timer who works for more than one month receives only 200,000 won a week, it is a violation of the minimum wage.   In case of an full time employee If an office worker who works more than 8 hours a day receives a salary, the month is calculated as 5 days a week, 8 hours a day, and a week off (35 hours) is included in the calculation. Some months have 30 days and some months have 31 days, so in general, calculating ‘209 hours × hourly wage’ will give you the minimum monthly wage. In fact, if you multiply 209 hours by the minimum wage of 9,160 won this year, the minimum wage is 1,914,440 won. So, what if the wages include meals, etc.? Items included in the minimum wage are items that are paid monthly, including the basic wage. For example, welfare expenses such as meals and transportation expenses, and regular bonuses are included in the minimum wage. Therefore, if you are earning more than 1914,440 won including meals and transportation, you are receiving more than the minimum wage. However, items with different monthly amounts, such as extended night and holiday work allowance, are not included in the minimum wage and must be received separately. On the other hand, even if a labor contract was signed with a lower amount than this year's minimum wage last year, the employer must pay the minimum wage this year. The minimum wage set by the government applies to all workers even if they do not have to sign a new employment contract.   Reporter Lee Jieun
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    2022-01-25
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