Migrant workers harvesting and packaging vegetables in a greenhouse in South Korea, Source: The New York Times

Introduction

The Republic of Korea (ROK), hereafter South Korea, has seen the number of its foreign workers surpass 1 million for the first time in 2024 because of the high demands across the country in sectors such as industry, agriculture, and hospitality. Due to the labor shortage, South Korean companies turned to foreign workers from various regions globally to support their long-term business plans while the government also aimed to continue the effort to increase the number of foreign laborers in South Korea through the relaxation of visa regulations. While the nation seeks to attract migrants to fill the workforce, one of the main issues for the workers is housing. 

According to Statistics Korea, one in five migrant workers, under the Employment Permit System (EPS), is reported to face issues in housing while working in the ROK. Plastic-covered greenhouses with little protection against the sweltering summer and the blistering cold are examples of the dormitories that some foreign migrants have to live in. In this article, further understanding of foreign workers’ housing issues in South Korea will be discussed, looking at the facility issues that have recently gained awareness and the ROK government’s response to tackle the issues.

Migrant Workers and Housing Conditions in South Korea

Foreign workers, who arrive in South Korea on a non-professional employment visa (E-9), need to stay at the dormitory provided by their employer. The E-9 visa is a special visa that is designed to support foreign workers in long-term employment in South Korea. This visa enables the workers to work in the ROK up to 4 years with a formal employment contract. According to the Ministry of Employment and Labor, employers are allowed to use ‘containers’ or ‘prefabricated panels’ as a housing facility for migrant workers. The location of the facilities must be away from areas vulnerable to noise and natural disasters such as landslides, floods, high humidity, contamination, or avalanches. 

Along with that, the facility should also be designed with the privacy of the workers as a priority – including safety locking systems for the bedrooms and bathrooms. Not just that, the bedrooms of both male and female workers must be clearly divided to ensure safety. In addition, the room size needs to be at least 2.5 square meter per person, with no more than 15 people per room.

However, these measures are provided with systematic limitations, such as lack of consistent follow up, from the authorities to conduct inspections for quality assurance, resulting in undiscovered violations that often go unpunished. According to a report by Arirang News, there are cases where the quality of the dormitories provided to the migrant workers was not up to par with the rules that were put in place by the Korean government. This often led to the opportunity for employers to provide substandard housing to foreign recruits.

The report by Arirang News mentioned such instances; the workers were living in plastic-covered houses that are vulnerable to Korea’s swelling heat and the blistering winter cold. The walls were built and glued with vinyl and plastic, polystyrene foam, and shipping containers, while the exposed gas tank and under-standard ventilation systems make it dangerous for cooking and is vulnerable to growing mold. Despite being one of the examples, the 2021 inspection from the Labor Ministry revealed that of 3,850 migrant workers in South Korea at 496 farming and fishing workplaces, almost 70 percent of them were living in substandard dormitories; 25 percent of them stayed in proper houses, while another 2.6 percent shared facilities. 

Those who resided in such substandard conditions are prone to encounter an unfortunate fate. The death of a female Cambodian worker in Pocheon, Gyeonggi Province in December 2020 invoked public awareness about the harsh living realities faced by foreign workers in South Korea. According to the report, she was found dead in a greenhouse made of plastic sheeting, where she had been staying. With a minus 18-degree temperature in the cold winter and an unworking heating system, she passed away the next day. However, the autopsy revealed that the direct cause was her liver disease; despite the report, human rights advocates pointed to her substandard living conditions as the cause of death.

Illustration of migrant workers at a construction site, Source: Korea Pro

Response to the Challenges

Following the death of a migrant worker in December 2020, South Korea’s Ministry of Justice announced that employers and provincial governments that are hiring migrant workers will be banned from utilizing vinyl greenhouses as housing facilities for their foreign employees. In addition, the Immigration Office will also conduct on-site inspections after the workers are sent to their workplace to ensure appropriate facilities, in accordance with the law standards, are provided. 

Despite the laws protecting migrant workers, issues related to migrant workers’ exploitation surfaced from time to time due to the lack of reporting because of the workers’ language constraints and the system’s limitation in conducting frequent inspections over the well-being of the workers. However, the South Korean enforcement is putting efforts to minimize the loopholes and those employers who are caught providing shelters to migrant workers under the standards will be barred from the seasonal worker program in the upcoming year. 

Moreover, the ministry would not allow employment permits if the building provided as a dormitory is in a vinyl house. In addition, if migrant workers were provided with illegal and substandard housing, they could apply for a change freely without having to worry about the blame, offense, or hindrance from the employer. Although this unveils positive signs from the government to tackle issues, additional measures are also under      consideration.

The Ministry of Agriculture, Food, and Rural Affairs also planned to construct more dormitories that fit the housing standards, in an effort to ease the facilities issues across South Korea. The first plan will be constructed in Gochang-gun, Jeollabuk-do Province, followed by other locations such as Haenam-gun County, Jeollanam-do Province, Cheongyang-gun County, and Chungcheongnam-do Province.

Earlier this year, South Korean lawmakers proposed a bill aiming to enhance the condition of facilities offered to foreign workers living in South Korea. If passed, employers who seek to hire migrant workers must supply information regarding the facilities to the regional authorities who are responsible for managing the employment procedures. The employers must obtain approval from the regional government before signing work contracts with their employees. Furthermore, frequent inspections from the Ministry of Employment and Labor of the housing offered to workers will be conducted to ensure the quality standards are up-to-par with the Standard Labor Law.

Therefore, although the issue of substandard facilities offered to migrant workers in South Korea is still prominent to this day, efforts from both the government and its lawmakers are evident, not only to ensure migrant employees will not be exploited from working in the country but also to establish a system where foreign workers are not entangled or stuck with their employers who are exploiting them.

Conclusion

The Republic of Korea has become more dependent on foreign laborers, due to the demographic crisis, to ensure the nation’s economic growth.  While the reliance continues to grow, issues regarding migrant workers’ inadequate living conditions continue to be one of the issues faced by overseas laborers in South Korea. The substandard dormitories – ranging from makeshift plastic-covered structures to improperly ventilated containers – with irregular inspection from the authorities were the loopholes that are often exploited, which jeopardize the workers’ safety and dignity. 

The death of the Cambodian worker in December 2020 brought the issue to the level that spurred government intervention by enforcing stricter regulations on the employers and improving inspections on the employees and their well-being to ensure the dormitories provided to them are aligned with the Standard Labor Law. Legislative proposals and planned dormitory projects revealed South Korea’s effort to diminish the issues. Despite the progress, ongoing vigilance and comprehensive policy reforms are imperative to ensure that migrant workers receive the treatment they deserve. 

Bunly Ek
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