Changes of the Employment Permit System for Migrant Workers
I. Introduction
According to the ‘2015 Immigration Statistics of the Ministry of Justice’, the number of foreign residents increased to 1,899,519 people in 2015, from 747,467 ten years ago. It is certain that there will be more than 2 million in 2016, and 10 years after that we can expect 3 million. The percentage of foreigners in comparison with the total population was 1.5% in 2005, increased to 3.7% in 2015, and is expected to be more than 6% by 2025.
The system for bringing in migrant workers has changed very much. In order to resolve the severe labor shortage of small- and medium-sized companies, Korea introduced the Industrial Trainee System in 1993 to bring in foreign migrant workers, but it caused many problems such as corruption within the various countries in the sending of migrant workers, and violations of human rights within Korea. Therefore, Korea introduced the Employment Permit System (EPS) under the Act on Foreign Workers Employment, etc. (hereinafter referred to as the “Foreign Workers Act”) in August of 2004 so that it could correct these problems and secure a long-term supply of migrant workers. The Employment Permit System consists of the non-professional employment visa (E-9) for foreign workers engaged in simple unskilled jobs and the visiting employment visa (H-2) for overseas Koreans. For the past ten years, as we have invited more and more foreign migrant workers, our industries in small- and middle-sized manufacturing, construction and related businesses have become dependent upon them. This has resulted in many changes to the Employment Permit System, and has resulted in an extension of the maximum stay period, expanded job descriptions, and even an improvement in protection of the human rights of the migrant workers themselves. Along with these changes, the number of overseas Koreans who come to Korea for work has increased, due to Korea’s engagement policy towards these individuals.
I would like to review these changes below.
II. Changes to the Employment Permit System
1. Increase in the number of countries sending migrant workers
There were 6 countries sending migrant workers to Korea in 2004; 4 more were added in 2006, and 5 more in 2007, for a total of 15 countries today.
- Countries sending migrant workers in 2004 (6): the Philippines, Mongolia, Sri Lanka, Vietnam, Thailand, Indonesia
- Countries added in 2006 (4): Uzbekistan, Pakistan, China, Cambodia.
- Countries added in 2007 (5): Bangladesh, Nepal, Kyrgyzstan, Myanmar, East Timor.
2. Extended jobs
Jobs allowed for migrant workers were in manufacturing, construction and agriculture & livestock in 2004, and were gradually extended to fishing and some service industries (cold storage warehousing, etc.) in 2014. Special EPS jobs were allowed in construction and some service industries (6) in 2004, and then widely extended to the manufacturing, agricultural & livestock, and fishing and service industries (29 jobs such as food service work, housework and nursing services, wholesale and retail services, etc.) in 2014.
Year 2011 2012 2013 2014
Total 102,356 115,251 122,727 147,090
E
P
S
(E-9) Total 49,130 53,638 58,511 51,557
Manuf. 40,396 45,632 48,967 40,875
Const. 2,207 1,269 1,606 2,299
Agri. 4,557 4,931 5,641 6,047
Serv. 124 107 70 91
Fish. 1,846 1,699 2,227 2,245
S
E
P
S
(H-2) Total 53,226 61,613 64,216 95,533
Manuf. 26,542 36,730 42,342 58,835
Const. 7,343 1,700 187 3,270
Agri. 641 394 432 463
Serv. 18,329 22,476 21,061 32,739
Fish. 188 124 120 149
Other 183 189 74 77
Year 2011 2012 2013 2014
Total 102,356 115,251 122,727 147,090
E
P
S
(E-2) New entry 40,130 50,288 44,395 43,276
Re-entry
(Long*) - 1,853 5,169 1,602
Re-entry
(Spe**) - 1,494 6,553 4,101
Re-entry
(Ar***) - 8 2,394 1,948
SEPS (H-2) 53,226 61,613 64,216 95,533
* Long-term service without changing workplace
** Specially-equipped skill holders
*** Arbitrarily-equipped skill holders
3. Extended period of stay
At the beginning of the EPS, the maximum sojourn for migrant workers was strictly adhered to according to the principle of the short-term replacement cycle, but due to the continuous demands for more skilled migrant workers, the period of sojourn has gradually been extended to a special system for re-entry of skilled migrant workers who have never changed workplaces (Article 18-4). As for those who are qualified and are completing their sojourn (3 years plus 1 year and 10 months), if they apply for a re-entry employment visa, they can re-enter and work at their workplace for another 4 years and 10 months. This means that the employee can work for up to almost 10 years (specifically, 9 years and 8 months).
Aug. 2004 May 2005 Dec. 2009 July 2012
3 years 3 years + 3 years
(1 month interval) 4 years and 10 months
(3 years + 1 year 10 months) 4 years and 10 months (if conditions are met , 4 years and 10 months can be added after leaving the country for 3 months). In total: 9 years and 8 months (10 years)
4. Shortening the period to require efforts to hire Koreans first
Companies wanting to hire migrant workers are required to first spend 30 days seeking to hire Koreans through the job center, something that was strictly observed in 2004. However, this effort was reduced to 14 days in 2010, and if the employer placed an advertisement in a newspaper or broadcasting media for 3 days or more, the required length of effort to hire Koreans first is reduced to 7 days.
August 2004 April 2010
30 days or more spent seeking to hire Koreans first through the Job Center (If the company rejects suggestions from the Job Center two times, the permit to employ is cancelled.) 14 days or more spent seeking to hire Koreans first through the Job Center. Provided, if the company places an ad in a newspaper or broadcasting media for 3 days or more, the required period is shortened to 7 days. (If the company rejects suggestions from the Job Center two times, the permit to employ is cancelled.)
5. Compulsory duty to leave the country omitted
When the migrant workers completed their employment for three years and expected to have an extension, it was required that they leave the country for one month or longer. However, under the new revision, migrant workers can renew their contract period for an additional two years without leaving the country (Article 18-2).
6. Adjustment of contract period
The employer and migrant workers can, in principle, have an employment contract for one year, which can be renewed within a maximum of three years. However, under the new revision, the fixed contract period of one year has been abolished, and migrant workers can now have an employment period of up to three years upon mutual agreement of both the employee and employer (Article 12).
7. Extension of the job-seeking period
In the past, when migrant workers left their workplaces, they were required to find a job within two months, but under the new revision, the job-seeking period has been extended to three months (Article 25). However, this does not apply to overseas Koreans with H-2 status.
III. Expanded Use of the Special EPS for Overseas Koreans
1. Background of the special Employment Permit System
There is a general opinion among the various civil groups and all classes of society that Korea should maintain a warm engagement policy towards overseas Koreans from China and the former Soviet Union, and that there was some necessity to correct discrimination between them and overseas Koreans in advanced countries like the U.S.A. and Japan who freely engaged in employment activities with their employment permit visa (F-4). With this in mind, the Regulation Regarding Employment Management of Vi
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