Deportation Risk Due to Employer's Mistake... "Relief Needed for Foreign Workers"

"Deportation for Reasons Beyond the Individual's Control Is Unjust"

There have been calls for relief measures to be put in place for foreign workers facing the risk of deportation due to employers' mistakes, such as exceeding the valid period for job-seeker registration by just one day, so that they can continue to work in Korea.

Managers are conducting site safety inspections at an apartment construction site in Gyeonggi Province. This is unrelated to the article content. Photo by Hyunmin Kim

On October 1, the Anti-Corruption and Civil Rights Commission announced that it had called on the Ministry of Employment and Labor to take steps such as extending the validity period for job-seeker registration, permitting workplace changes, and issuing employment permits for foreign workers at risk of deportation due to employer negligence.

Mr. A, a Thai national, entered Korea on a non-professional employment visa (E-9). After applying to change workplaces, he was granted a 3-month validity period for job-seeker registration. Subsequently, through mediation by the Ministry of Employment and Labor, he reached an agreement to work at a new workplace. However, due to an administrative error by the new employer, the application for an employment permit was submitted one day after the registration period had expired. With Mr. A now facing deportation, he filed a grievance petition with the Commission.

According to current law, foreign workers wishing to change workplaces must complete a three-step process within the three-month validity period for job-seeker registration: submit a workplace change application, have the employer apply for an employment permit, and obtain approval from the Ministry of Justice for the workplace change.

The Commission judged that it would be appropriate to provide relief to Mr. A. The current law contains a provision allowing for an extension if the delay is due to reasons beyond the worker’s control, such as a work-related injury or illness. Therefore, if the period is exceeded for reasons not attributable to the foreign worker, there is a recognized need for relief. Furthermore, the Commission noted that failing to provide relief in cases where an employment permit was not issued due to employer negligence runs counter to the intent of the Act on the Employment, etc. of Foreign Workers. The Commission also stated that extending the validity period and issuing the employment permit in such cases would not significantly undermine the purpose of the employment permit system or the public interest.

Min Seongsim, Head of Grievance Handling at the Commission, said, "If a foreign worker loses job opportunities and faces deportation due to reasons beyond their own control, the loss is significant not only for the worker but also for domestic companies facing labor shortages."

This content was produced with the assistance of AI translation services.