Reasons for Proposal
Foreign workers make up a substantial and continuously growing proportion of domestic labor demand. According to the Ministry of Justice, as of December 2018 there were 1,039,871 foreign workers, which includes foreign nationals who are eligible to work and foreign nationals with an overseas Korean visa.
The current Act prescribes the systematic introduction and management of foreign workers so as to ensure that they are not unjustly discriminated against on the grounds that they are foreign workers. However, the reality is that foreign workers are discriminated against and treated unjustly.
Recently, a video of a foreign worker from Uzbekistan being assaulted and verbally abused by a Korean man at a farm spread on social media, causing the Uzbekistan Ministry of Employment and Labor Relations to file a written accusation requesting the police to conduct an investigation.
The current Act prescribes education on entry and departure declaration procedures, personnel management, safety maintenance, and promotion of health for employers of foreign workers, but critics point out that the education is not compulsory and therefore lacks effectiveness.
Accordingly, the Amendment prescribes compulsory employer education, thereby aiming to protect the human rights of foreign workers and ensure systematic management (Article 11-2 newly inserted).
Major Provisions
Require employers who intend to apply for permission to employ foreign workers to be educated on such matters as the human rights of foreign workers and employment contract provisions, and impose an administrative fine for failure to complete the education (Article 11-2 and Article 32).