A/HRC/29/46/Add.1
the system by adopting the Employment Permit System (EPS). EPS was introduced in July
2004 in the manufacturing, construction, agriculture and livestock industries and later
expanded to the service and fishing industries in 2005 and 2006, respectively, at first
through bilateral memorandums of understanding signed between the Republic of Korea
and sending countries that set out the rights and duties of Governments and the status of
and benefits for the workers.
30.
The number of migrants in the Republic of Korea has since increased steadily and
reached over 1.7 million in 2014. This increase is due in part to the introduction of the more
flexible EPS. Most beneficiaries of EPS are from South-East Asian countries. The Special
Rapporteur was informed that the System had allowed numerous foreign workers to come
to the Republic of Korea and access employment opportunities, and had benefited the
country’s businesses, which could recruit foreign workers through a flexible permit system
for short- and medium-term periods that has contributed to the economic growth witnessed
in recent years.
31.
The Special Rapporteur has nonetheless been made aware that that the Government
has introduced recent amendments to EPS, which in some cases require migrants to leave
the country in order to be paid their severance settlement after finishing their employment
contract in the Republic of Korea.
32.
Although EPS recognizes migrant workers as workers under labour law, it places a
number of restrictions on them, for example with regard to the number of times they can
change workplace and employment and the maximum period of stay, denies them the right
to family reunification and places extreme burdens on migrants seeking to change the type
of visa. The Special Rapporteur is particularly concerned about several restrictions and
requirements within the System that increase the likelihood of migrant workers being
subjected to human and labour rights abuses by their employers, who can, for example,
terminate a migrant’s contract without having to justify the decision. Nonetheless, job
centres do have direct authority to proceed with a change in the worker’s employment
without the employer’s consent if the worker applies for a change of employment and if the
reason for doing so does not originate with the employee. Such a change in employment
would not be included in the total number of workplace changes permitted during the
worker’s employment in the Republic of Korea. Nevertheless, the inability to freely change
employment can easily place migrant workers in situations of labour exploitation. In
addition, a change in employment can jeopardize a migrant’s chance of extending his or her
initial contract in the Republic of Korea.
33.
Further limitations contained in the System make it almost impossible for a migrant
worker recruited under the scheme to be granted permanent or long-term residency, or even
to convert to another type of visa, as EPS is limited to a maximum of 4 years and 10
months.
34.
The Special Rapporteur notes that the International Labour Organization Committee
of Experts on the Application of Conventions and Recommendations, in its 2013
observation on the Convention concerning Discrimination in Respect of Employment and
Education (No. 111),1 and the Special Rapporteur on the human rights of migrants
(A/HRC/4/24/Add.2) have pointed out the problems of those cases and recommended that
the Government take legal measures for rectification of discrimination.
35.
The Special Rapporteur has also been informed that migrant workers in the Republic
of Korea also experience discrimination on the grounds of sex, race, colour and country of
1
Available from
www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3150326.
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