To Readers: It has passed more than 4years since we published 'The Foreign Workers' Handbook'(called as Greenbook) which offered useful information to migrant workers. As the years passed, there have been some changes with the rules concerning migrant workers. So we felt that book had to be revised. This guidebook consists of information which will guide your living in Korea and the protection of the rights as workers of migrants. We hope that this guidebook will help every migrant workers and to protect their human rights. This Guide Book has gotten help from ¡ºMigrant Workers Pocketbook¡» published by Catholic Diocess of Suwon in 1994, and ¡ºForeign Workers' Handbook¡» published by Labor Policy Institute in 1995, ¡ºManual For Migrants¡» published by Catholic Diocess of Yokohama Solidarity Center for Migrants in 1997. I give thanks to all activists who had made formal manual book and Mr. Kim Kwang-mo and Thess Manangan for working such as translation and proofreading of this guidebook. Jeong Gue-sun, president of FWR

1-1 Entrance

About 100,000 migrant workers left Korea starting late 1997 in lieu of the economic crisis and the IMF bailout package. As soon as the news about the recovery of the Korean economy spread, the entrance of migrant workers is increasing again. In late February 1999, 152,121 migrant workers (46,547 industrial trainees and 105,574 undocumented workers) were staying in Korea.

Foreigners' entrance into Korea is accomplished by passing the entrance inspection process of the immigration office. If there is a visa exemption agreement with the related country, the process of entrance into Korea is so simple. However, although most of Asian countries had made this kind of agreement with the Korean government, it actually has demanded their visas in entrance after the increase of the number of illegal stayers in Korea.

I'm a Pakistani who was deported following a crackdown of illegal stayers by the immigration office. I had been staying illegally in Korea for 2 years. I want to go to Korea as a trainee again. Is it possible? Immigration Control Law in Korea ordains that a foreigner who stayed in Korea illegally cannot enter the country again within 5 years. So if you don't receive an order from the Minister of Justice due to a special reason, it is difficult for you to enter to Korea again within 5 years (Immigration Control Law 10-6)

1-2 Stay Qualification

Now the legal stay qualification of migrant workers is just entitled to industrial trainees(D3 visa). There are two ways to acquire the formal training qualification. One is to enter into Korea as an industrial trainee through an in his/her country under the management of Korea Federation of Small Business(KFSB). The other is to enter into Korea for the purpose of training as the employee of an overseas Korean company. In the case of industrial trainees, they can prolong their stay period allowed for another year twice and can stay for at most 3 years. In addition, since some part of the former Industrial Trainee System was revised in 1997, when a person passes the qualification examination after his/her industrial training period for 2 years expires, he/she can receive E-8 visa(training employment visa) acquiring the legal employment visa.

Article 24-5 in the Immigration Control Law(concerning training employment) ¨ç The person who wants to receive the alternation allowance of stay qualification due to the stipulation about Industrial Trainee Management(Article19-3), should - Pass the technique qualification examination due to the National Technique Qualification Law or Technique Qualification Examination corresponding with this. - Have trained for 2 years as an industrial trainee at the industrial training company - Have the qualification for training employment according to the chief of administrative institutions. ¨è The person, who receives the alternation allowance of stay qualification as the qualification of training employment due to the stipulation of Article, should work for the company where he/she originally worked as a trainee. Only when the chief of that company agrees or permits, the law is not apllied to the person.

The stay qualification ordained by Korean Government is         as follows:

<VISA CLASSIFICATION>
(Stipulated by the Immigration Control Law ; last revision on February 26, 1999)
Thirty two categories of visa status exist in which foreigners are required for admission into Korea.

1. Diplomats (A-1)

This applies to foreigners on diplomatic missions of the countries recognized by the Korean Government, consular officers assigned to represent their countries in Korea, foreigners granted privileges and/or immunities equal to diplomatic mission in accordance with treaties or international customary practices, and their immediate family members. They are able to maintain the status during their mission. (Follow the agreement between inter-nations)

2. Official Duty (A-2)

This applies to foreigners who carry out official service of the countries or international organizations recognized by the Republic of Korea, and their immediate family members. They can maintain the status during their tour of duty. (Follow the agreement between inter-nations)

3. Agreement (A-3)

This was created to apply to foreigners who are exempted from alien registration or deemed necessary to exempt from it according to the agreements with the Republic of Korea, and their immediate family members. They can maintain the status during their term of office or during the period of sojourn designated by the agreement. (Follow the agreement between inter-nations)

4. Visa Waiver (B-1)

This was created to allow nationals of the countries which have made visa waiver agreements with the Republic of Korea to do activities under the agreements. However, income-generating business, or paid activities in Korea are excluded. They can maintain the status during the period of sojourn stipulated by the agreement. (Follow the agreement between inter-nations)

5. Tourist/Transit (B-2)

This applies to foreigners who desire to visit Korea without a visa for pleasure or transit. They can be allowed to stay up to 30 days.

6. Temporary News Coverage (C-1)

This applies to foreigners who want to engage in temporary news coverage or report activities. They can be allowed to do their duties up to 90 days.

7. Short-term Business (C-2)

This category is available to foreigners who are going to engage in marketing research, business liaison, on-the-job training, counselling, contract, pilot operation of export-import machines as well as installment, repairs and inspection on them during a short period of time. They can be permitted to stay up to 90 days.

8. Short-term Visitors (C-3)

This category applies to foreigners who visit Korea for pleasure, transfer, medical treatment, relative-visiting, goodwill match, events, conference, cultural art, training, religious ceremony, academic data-gathering, and for other purposes similar to the above during the short period of time. However, profit-making activities are excluded. Foreigners who have this status can be allowed to stay up to 90 days.

9. Short-term Employment (C-4)

The C-4 visa applies to foreigners who wish to employ themselves on temporary entertainment, model for advertisement and fashion, lecture, research, technique-instruction and so on during a short term. The maximum period of their sojourn is 90 days.

10. Culture/Art (D-1)

This visa is available to foreigners who wish to be occupied in academic or art activities which are not for the purpose of profit-making. This category includes foreigners who long for professional research or being instructed Korean traditional culture or art. They can be granted up to the one year-period of sojourn and it can be extended. (up to 2 years)

11. Students (D-2)

This visa category is designed for students who wish to pursue academic courses of study or research at junior colleges or higher educational institutions or educational/scientific research organizations. The visa may be granted up to the period of two years and the period may be extended.

12. Industrial Trainees (D-3)

The D-3 visa is available to individuals who will participate, in industrial companies in the Republic of Korea, in a formal training program which is supervised by the Ministry of Justice. (up to 2 years)

13. General Trainees (D-4)

This visa category is reserved for foreigners who are coming to Korea to be trained or educated by educational institutions or organizations other than organizations under the D-3 process described above. The D-4 visa does not involve individuals who receive money from training organizations or have the D-3 visa. The period of their stay will be up to one year and it may be extended, if necessary. (up to 2 years)

14. Residence Reporters (D-5)

Foreigners who are visiting Korea to work on behalf of foreign information media such as foreign newspaper, television, magazine, and other reporting organizations while stationed in Korea may be eligible for this D-5 classification. They can stay up to two years and their period of sojourn can be extended. (up to 2 years)

15. Religious Workers (D-6)

The D-6 visa must meet the following qualifications :
(a) individuals who wish to be engaged in religious activities for Korean branches or pertinent religious organizations as members of religious or social welfare organizations in foreign countries.
(b) individuals who are invited by religious or social welfare organizations in Korea in order to do activities on social welfare or religion.
This visa may be granted up to the period of two years and the period may be extended. (up to 2 years)

16. Intra-Company Transferees (D-7)

The D-7 visa is granted to professional personnel who are transferred to branch offices, affiliated companies or resident offices in Korea from foreign companies abroad, with over one year of service in head offices, branch offices or other business offices of foreign ones. This visa may be granted up to the period of two years and the period may be extended. (up to 2 years)

17. Treaty Investors (D-8)

This category is available to foreigners who, as professionals of foreign joint venture companies, wish to engage in the field of manufacture and technology as well as its management. The D-8 visa include those who are dispatched to the company as managers or technical experts, except for foreigners who are hired in the Republic of Korea. The period of this visa is the same as that of D-5, D-6, and D-7. (up to 2 years)

18. Treaty Traders (D-9)

D-9 visa is available to foreign professionals who desire to carry on an enterprise or participate in trade and other commercial enterprises after founding their companies in the Republic of Korea. This category includes foreign citizens who wish to work for private or public organizations in Korea in order to install/repair of import machinery and so on, or supervise building ships and industrial plants, except for individuals hired in Korea and treaty investors under the D-8 status. This visa may be granted up to the period of two years and the period may be extended.

19. Professors (E-1)

This category applies to foreigners who, as qualified individuals specified by the Educational Law, wish to instruct special fields of study or engage in the guidance of research at junior colleges or higher educational institutions, or the institutions corresponding to such levels. It is possible to extend the period of their stay, if necessary, beyond the maximum period of two years.

20. Teaching Foreign Languages (E-2)

The E-2 visa is available to individuals who have the qualifications specified by the Ministry of Justice and desire to instruct foreign languages at foreign language institutions, educational institutions of elementary school and higher levels or their annex language research institutions, or language training institutions attached to public/private companies or broadcasting stations, or other institutions/organizations corresponding to such institutions as described above. They can stay for one year and be extended if necessary.

21. Research (E-3)

E-3 visas are granted to foreigners who, as individuals, are invited by public or private institutions of the Republic of Korea, want to be occupied with study or research in the area of natural science or research and development of sophisticated technology in industry. This category does not contain individuals who apply to E-1 status. They can be granted up to the period of two years and the period may be extended. (Follow the individual agreement)

22. Special Technology-Instruction (E-4)

This visa category applies to foreigners who wish to work at the invitation of public or private institutions in the Republic of Korea with a view to offering technical knowledge in the area of natural science or special technology involved in specialized fields in industry. (Follow the individual agreement)

23. Specialty Occupations (E-5)

¡°Foreigners in specialty occupations¡± who have qualifications for a lawyer, certified public accountant, medical doctor or other individuals who are qualified for specialty occupations, and wish to be involved in such speciality occupations as law, accounting, medical services and so on may be eligible for E-5 classification. Please note that individuals who fall under E-1 status are excluded from this category. (Follow the individual agreement)

24. Arts and Entertainment (E-6)

This E-6 visa is available to foreigners who, for the good of profit-making, wish to be engaged in art activities such as music, art, literature and so on, and such activities as entertainment, performance, play, sports, advertisement, fashion modeling, and other occupations corresponding to those above. The maximum period of stay is six months and may be extended.

25. Other Particular occupations (E-7)

This visa category applies to foreigners who desire to work for public or private organizations as a cook, teacher of schools for foreigners only, etc., other than those in E-1 status through E-6 status. (Follow the individual agreement)

25ÀÇ 2. Industrial Trainees Employment (E-8)

This visa is available only to those who meet the qualifications that are stipulated in the presidential decree, among the industrial trainees who have completed their two-year period training with no serious mistake such as runaway and the like. They can stay in Korea up to one year.

26. Visiting and Joining Families (F-1)

F-1 visas are granted to foreigners who wish to stay in Korea to visit their relatives, join their families, be supported by families, help with household affairs or with other purposes corresponding to those above. This visa category involves the following individuals : (a) those who wish to help with domestic affairs of diplomats stationed at their embassy or consulate ; (b) those who wish to temporarily stay with their families or relatives having A-1, A-2, A-3 status or having alien registration completed ; (c) those who wish to stay for a long period of time without participating in employment activities ; and (d) those who have not been granted the F-2 status as a wife/child of a person having F-2 status. The maximum period of stay is two years and may be extended.

27. Residence (F-2)

This visa category is available to individuals (including spouse and children) who have continuously lived with their permanent address in the Republic of Korea. This visa also includes the following category : (a) Children who have F-2 status ; (b) A woman who, as a wife of a Korean national, has never acquired a Korean nationality before (c) A woman who, as a wife of a person having F-2 status, has continuously stayed for more than one year in Korea (d) Individuals who have especially contributed to the Republic of Korea or who have valid reasons to continuously stay there. Individuals under this visa may stay in the Republic of Korea up to five years, and the period may be extended.

28. Dependent Families (F-3)

F-3 status may be granted to individuals who meet the following requirements : (a) A spouse of a person who applies to one of D-1 status through E-7 status ; (b) Children, underage and unmarried, of the person described above. However, individuals who are involved in D-3 status are excluded from this visa. (Follow the stay period of spouse)

28ÀÇ2. Korean Residents Abroad (F-4)

This visa category is reserved for the Korean residents abroad whom the Minister of Justice permits to stay in Korea for special reasons.

29. Others (G-1)

This visa is available to foreigners who are not eligible for A-1 status through F-3 and H-1 status. This category contains the maximum period of stay of one year.

30. Working Holiday (H-1)

A national of countries which made agreements or memoranda on ¡°Working Holiday¡± with the Republic of Korea is entitled to apply for this visa. The young foreigners may be engaged in short-term working activities while in Korea only to meet their expenses for sightseeing, unless they are engaged in the work fields contrary to the purport of the agreement/memoranda or the fields stipulated by domestic laws. He or she may be allowed to work within the period provided by the agreement.

1-3 Departure

In order to leave the country, there are two things you should carry with you, your passport and your air ticket.. When your passport has expired (due to overstaying in most cases) you should get a new passport or a travel document by the embassy. There will not be any problems for leaving if you are a legal stayer, however, there a lot of restrictions given to those who enter the country with tourist visas, those who overstay their designated term or trainees who escape from the original company. In this case, the best way is to depart from Korea on the occasion of 'voluntary departure term (penalty exemption period)' oor amnesty period designated by the government. Otherwise, the Immigration Office levies a fine for violating the Immigration Law. The amount of fine is generally 1,000,000 won per one year's illegal stay. Though, if you have a serious problem - diseased, injured and being treated-, you are exempted from paying fine. So in this case, you'd better keep in touch with the migrant supporting centers for aid. If an illegal stayer is arrested during the cracking down period, he/she is deported after being detained. (In this case, detention is considered to be substituted for paying the fine.)

I am a Filipino who came to Korea in 1997. After working as a trainee for one year, I transferred to another company where my friend worked. I have to go back to the Philippines as one of my family is sick. What can I do? Illegal staying is a violation of the Korean Immigration Control Law. Violators are punished by the governmebt in two ways. One is levying a fine. If you want to go back home right now, you can depart from Korea by paying the fine at the Immigration Office. The other one is detaining by crack down. In this case the illegal stayer is supposed to stay in the detention facility for some time before being deported. His/her the employer is also levied fine. But, if you leave during the voluntary departure period set by the Korean government for the purpose of reducing the number of illegal stayers, you can leave Korea without paying penalty. In any case it is best for you to seek advice from a professional counsellor for the problem of departure.

2-1 Labor and Health

1) What is Labour Law?

Regardless of nationality, every worker in Korea is subject to its labor laws and has the right to be protected by the law. Also, these laws apply to the industrial trainees as well as the illegally staying workers. Particularly, the Labor Standard Law is designed to protect workers by setting the minimum labor standard. While it is fortunate for workers to sign a contract which provides conditions above the standard set by the Labor Standard Law, a contract which provides conditions below this minimum condition is invalid and is applied the minimum standard of the Labor Standard Law.

As the Labor Standard Law is an important guide in order to protect the rights of migrant workers, you should be familiar with it.

2) The basic content of Labor Standard Law

   Prohibition of Discrimination

An employer shall not discriminate against workers by sex, or take discriminatory treatment in relation to the condition of employment according to nationality, religion or social status. (Article 5 of Labor Standard Law). According to this article, no migrant workers, including industrial trainees and undocumented workers can be discriminated. Also, the ILO's 110th clause stipulates that one can not be discriminated against in terms of employment based on race, sex, color, religion, political opinion, ethnicity and social background.

   °­Á¦³ëµ¿±ÝÁö, ÆøÇà ±ÝÁö

An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom (article 6). An employer shall not resort to violence or batter a worker for the occurrence of accidents or for any other reason (article 7). Even if a migrant workers commits a wrongdoing, this can not be a reason for forced labor, violation, detention. Also, employer can not prohibit the going outside and force overtime work, night shift work and work on holidays or days off. If you are violated and detained, you have to launch a countermeasure in connection with a counselling office, aid organization for migrant workers listed in this book. Because any counselling offices can provide the sleeping facilities temporarily, you must go to them without hesitation after running away if you are involved in such a case. If you are hurt, you can not only be cured by the medical assistance office but also sue or demand compensation from the person who hurt you for damages with a medical certificate. Most undocumented stayers don't launch any countermeasures because of fear of arrest and forced departure with arrestment. However, if they sue the person with the help of a counsel¡¤aid office, they don't have the hazard of arrest and forced departure.

   Elimination of Intermediary Exploitation

Nobody shall neither intervene in the employment of other person for the purpose of making a profit, nor gain benefit as an intermediary unless otherwise provided by law (article 8). Those who do so and receive a brokerage fee or commission for their informal labor introduction or take a part of salary or wages are punished at a maximum fine of 30 million won and/or maximum imprisonment of five years. Especially in cases when the broker continues to take a part of migrant workers' salary under the excursion that they didn't receive a brokerage fee or received a little fee. Such mid-term exploitation are to be punished by the law. You, migrant workers should be taken by a broker and if you are exploited by that broker, please contact a counselling office and solve this problem.

3) Labor contract

   Indication of labor condition

At the time of making your employment contract, the employer must explain your wages, working hours, and other conditions (article 22). If you find differences between your working conditions and your employment contract, you can cancel your contract at any time and demand compensation (article 23). Verify following conditions:

¨ç What is the nature of your work? Is it dangerous? What kind of safety system is in your workplace?(It is required that you confirm those directly.)

¨è What are your working hours?

¨é Whether or not you have to work overtime, night shifts and holidays and/or days off. If so, you should find out how long you have to work and whether or not your agreement is necessary.

¨ê When is your break?

¨ë What is your wage based on an 8-hour working day?

¨ì Whether or not you will get paid for working overtime, night shifts and holidays.

¨í Find out the date of wage payment, the time of wage increase and the method of wage increase. Also, whether or not the company deposits a portion of your wage.

¨î How much is your pension? ¨ï Find out about your housing conditions.

¨ð How is eating arranged?

¨ñ Whether or not your food is provided for free by the workplace.

¨ò Whether or not you are allowed to go outside on your days off or holidays.

¨ó Other points of interests.

   You must put your labor contract in writing.

As to the labor condition confirmed above, you should make 2 copies of labor contract paper and keep one labor contract paper by yourself necessarily. Although an oral contract is valid, it is difficult to verify the contract content in the case of controversy later. It will be better if your company to make the labor contract paper in English. If it is difficult for your employer to make the labor contract paper in English, please bring your contract paper written in Korean to the counsel¡¤aid office and check necessarily whether your contract paper is exact or not. It is necessary that you write down the company address, contact number, the name of the employer, the officer who made the contract and so on. Or you may keep their name cards. Also, it is stated that the contract content about the concrete labor condition should be changed every year (article 12). Accordingly you can demand one wage increase per 1 year at least and also demand the improvement of the labor conditions.

4) Things to remember before signing a labor contract

   Choose a good workplace

It is most important to choose a good workplace. You can choose your workplace by thoroughly checking whether or not there is a habitually delayed, unpaid wage and if there is dangerous work causing company accident continually or what kind of safety system is there in the workplace, how are the housing conditions, how food is provided. You can be laid in a much more difficult situation when you face an accident or when you are not paid your wage if you get a job unconsidered because you had to seek a job as fast as possible. Since 1999 it has been stipulated that the Standard Labor Law must be applied to all work places. However, considering the capacity of wage payment and industrial safety, you have to keep in mind that working for companies less than 5 can cause a disadvantage.

   The point you must remember

It is very important not to sign anything or finger print on any document without consideration. If you sign a paper without knowing its exact content, it may work against you later on. Also, do not surrender your passport or airline ticket to your employer. Even if your employer insists on holding them, it would be best to keep them with you at all times. You can however give a photocopy of your passport and/or airline ticket to your employers.

2-2 Wage

1) The principal of wage payment

Payment of wages shall be directly made in full to the worker in cash (article 42). The employer can not cut off your wages even if you had to stop your working due to machine troubles or any other reasons. In no cases should your wages be given to other people including your brokers or agents who introduced you. Because wage is workers' only means of living, the law defined a regular principal. ¨ç Direct payment: Wage must be given to the worker directly. because your wages must be protected from being taken by other people. ¨è Payment of total wages: This is to prevent problems arising from forced savings of your wages. Many employers have not paid total wages in order to hold workers in their workplaces. ¨é Payment by cash: Your wage should be paid in the form of cash or check that can be exchanged for money. You should not receive things or objects in lieu of cash. ¨ê Payment of wages on a fixed day every month: Wages shall be paid once per month on a fixed day.(article 42) This is to prevent delayed wages which can bring serious discomfort to the workers

2) Minimum Wage

The Minimum Wage Law is to stipulate the Wage Standard which workers must receive at the minimum to make a living. The Korean government set a Minimum Wage Law. The minimum wage for the period is 1, 600 won per hour, 12,800 per day and 361,600 won per month in the standard of working 8 hours a day, 44 hours a week. Even if the wage is set below the minimum wage, it is null and applied to the sum of the minimum wage (Minimum Wage Law: article 6).

3) Payment in cases of emergency and factory closure

An employer shall advance partial payments of wages for the work offered even prior to payday, if a worker requests to do so in order to meet the expenses incurred from childbirth, disease, disaster or any other cases of emergency which are provided for in the Presidential Decree (article 44). If a business is suspended for reasons attributable to an employer, the employer shall pay to workers concerned remuneration of more than seventy percentage points of average remuneration during the period of suspension of the business (ibid. article 45).

4) The prohibition of indemnity and offset

The prohibition of indemnity

An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from non-observance of a labor contract is predetermined (article 27). Because this penalty inhibits workers from moving to different working site, it is prohibited by law. Though it would be wise not to make such contracts in advance, you do not need to worry about this even if you had already signed such a contract because it is invalid.

Offset

An employer shall not enter into a contract incidental to a labor contract which stipulates compulsory savings or the management of savings (article 29). Even if you borrow some money from your employer or must pay broker/agent brokerage fee, the employer can not offset brokerage fee and the borrowed money from the workers' wage compulsorily. It is stipulated that an employer shall not offset wages in advance or other credit given in advance on condition that a worker offers work (article 28). All of the wage must be paid to workers

unconditionally. If a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred (article 36).

5) Prescription of Wages

A claim for wages under the provisions of the Labor Standard Law shall be terminated because of prescription, if not exercised within 3 years (article 48).

2-3 Working hours and break

1) Working hours

Working hours is defined as the time you spend doing company work at a workplace from attendance to leaving, excluding break time. Accordingly, meeting, preparation for work, cleaning and other related hours are included in the working hours. The working hours for one work day should normally be no more than 8 hours, or 44 hours a week. If you agree to overtime working, you can work overtime totalling not more than 12 hours a week (article 52). Also, An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours (article 53). As to this break time, wage can not be paid.

2) Allowance for working overtime, night shifts and on holidays

Workers should receive wages equivalent to 150% of workers' ordinary wages, when workers work more than 8 hours a day or 44 hours a week. This also applies if workers work the night shift or work on holidays or workers' days off. In the case of night shift (this means the shift between 10 p.m and 6 a.m), 50% of workers' wage is added(article 46). In order to receive these allowances properly, workers should maintain a record of hours they worked each time. It would be quite useful to keep all their receipt of payment, including the envelop that comes with their wages.

3) Paid day-off

Employer should give the workers who worked continuously for 1 week a paid day-off per week (article 45). Paid day-off literally means wage should be paid even on a day without working. Paid day-off is mostly allowed on Sunday. Also, even if they do not work overtime or on holidays, it has no relation to this clause and so they have to receive a day-off. Accordingly if workers work on days they are supposed to be off, then they are entitled to 150% of their regular wage.

4) Monthly and annual paid holidays

The employer should grant one day's paid holiday per month to the worker who has worked continuously for a week (article 47). Also, the employer should grant 10 days' paid holidays to the worker who had a perfect attendance record throughout the year or 8 days' paid holidays to the worker who had attended more than 90% of the total working days that year. For each full year that the workers have worked at their company, they should get one day extra of paid holidays in addition to the basic annual paid leave (article 48). For instance, a person, who worked for more than 3 years and has not missed work for over one year, is entitled to 10 paid holidays plus two additional leave days, totalling 12 paid leave days.

5) Using of monthly paid leave and vacation

It is entitled on workers' voluntary will that they choose how and when they use monthly paid leave or vacation within a year. If workers continuously get leave days, then the workers are entitled to 100% of additional allowance rate.

2-4 Protection of women workers

An employer shall allow a female worker one-day's menstruation leave with pay per month (the Labor Standard Law article 71). Also, an employer shall allow a pregnant female worker 60 days of maternity leave with pay before and after childbirth. In this case, however, more than 30 days of maternity leave with pay shall be allowed after childbirth (ibid. article 72).

2-5 Safety and health

According to the Industrial Safety and Health Law, employers are required to provide all the necessary conditions for safe working environment. The most important thing to consider in order to prevent industrial accidents is to establish a safety facility which includes safety devices. If workers feel that accidents could occur in the workplace, workers should request their employer to install safety devices. Needless to say, maintaining one's health and life is of paramount importance. Even if workers are entitled to compensations for their injuries, they can not change the fact that lost health or life will not ever return. Workers must pay special attention to maintaining health and should request precautionary measures from their employers. For the sake of workers' safe and health, employers must do as follows: ¨ç The employer must provide a newly hired or newly transferred worker with training on safety. ¨è The employer must provide 2 hours training on safety every month. ¨é It is stipulated that the employer provide medical check-up to workers more than once a year. ¨ê The employer must provide special medical check-up for workers working at dangerous and harmful working environment. Of course, the employer must pay the medical (check-up ) bill.

2-6 Retirement

1) Retirement

When there's a contract, workers are to retire when their contract expires. Sometimes workers have to stop their working before their contract expires. In this case workers have to disclose their intention of retirement to their employer. Generally the intention to retire should be disclosed one month before. Except for unavoidable cases, however, it is desirable to inform one's retirement at least 2 weeks before.

2) Retirement allowance

All workers who were employed for a year are entitled to receive retirement allowance, which is required by the Labor Standard Law. The employer who hires over 5 workers must pay to the workers who worked over a year retirement allowance, which should be at least one month's average wages (30 days wages) for every year, when the workers retire from the company (at least within 14 days) (ibid. article 34)

 

the total of wages paid to the worker for 3 months before the retirement Average wage = the total of date for 3 months before the retirement(89 day-92 day)

(Ibid article 19)

Average wages is based on not only their regular wage but also overtime, night work, holiday work bonus payment and annul allowance and on the total of wages that workers received from the employer. .

2-7 Dismissal

Workers should not be dismissed or inflicted without fair reasons that can be justified. The employer who violates this can face a maximum fine of 10 million won or maximum imprisonment of 2 years. In the case of unfair dismissal, workers should first make a protest against their employers or solve this problem through the help of a counselling office. Even if workers were justifiably dismissed, they have the legal right to receive full back pay and dismissal allowance. When an employee is dismissed, an employer shall give an advance notice to the worker at least thirty days before dismissal. If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker (ibid. 32-1).

2-8 When workers don't receive their wages

I'm a Bangladeshi who came to Korea as a trainee 3 years ago. I had gotten industrial accident at my trainee company, after that I moved to another company and worked for almost 2 years in Kimhae City. When I was working there my boss promised to pay me bonus and retirement allowance just like the Korean workers because of my hard working. But one thing I couldn't bear was to hear bad words. At last I decided to stop working at the company. I asked my boss to pay my remaining salary and retirement allowance, but he leaped up with anger. He said he would never pay my money and if I'd visit the company again he would call the police. What can I do? The Ministry of Labor announced that the Labor Standard Law would be applied to illegal foreign workers in October last year. After that time, even those foreigners on illegal condition could get their salary from their company more easily. If the employer doesn't pay the employees' salary, he/she will be punished by the Labor Standard Law. In addition, although your boss promised that he will pay retirement allowance only by word of mouth, you have the right to receive it. Even if your boss threatened to call the police, don't worry. Because he also infringes the Immigration Control Law for employing illegally, he will be punished by a maximum fine of 10 million or imprisonment of 5 years. So such a word by the boss is just intimidation not to pay your salary. When you actually are arrested by the immigration, if you tell the officers that you didn't receive your salary although you worked for the company, they will not only punish the company for hiring illegal workers but also demand payment of your salary. If your boss refuses to pay your salary and retirement allowance, you can ask the help of the Labor Office. You can go to the Labor Office directly or can get some help from the counselling center. If your boss does not pay despite of accusation through the Ministry of Labor, he/she will be punished for infringement of the Labor Standard Law and also you can apply civil sue.

We three are Chinese trainees who have worked for a small company in Kimhae. But suddenly the company was shut down. I don't know what to do. How can I receive my unpaid salary? As the company you have worked for went bankrupt, the fact must be reported to the Ministry of Labor, the Korean Federation of Small Business (KFSB) or the agent managing trainees. If you want to go back to your country, you can follow a procedure to go back. If you want to work continuously, you can continue to work during your training period by transferring to another company through KFSB or the agent managing trainees. And it is ordained that the workers' salary should be paid first of all than other debts in disposing the company's remaining property including machinery, building and so on. Accordingly, if the company's assets are enough to solve the workers' salary, you can receive your salary although it takes a long time. However, if your company does not have the capacity to solve the workers' salary, it will be difficult to get your salary. To prepare for such situation, the company pays a fee of 300 thousand won for each employee to the KFSB and is invited to apply for insurance. So if your company applied for insurance, you can receive a maximum salary of 1 million and if your company didn't, you can receive 300 thousand from KFSB.

I am a Filipino who worked in Korea as a trainee. I moved from my training company to another company and worked there for 2 years. During the immigration's crack down on illegal stayers, I was deported so I couldn't get my deposit money from my training company. Even if it's late, can I get my deposit money. It is natural that you get your deposit money because it is a part of your salary, even though you stayed illegally. Deposit money of trainees can be returned due to the contract with the bank. Even former trainees who are on illegal condition should can get their deposit money from the bank by handing in confirmation note for deportation. But some of them give it up in their haste to leave. It is very difficult for you because you are not here in Korea. When you opened the bank account, the bank required your signature. So when you want to receive your deposit money again, the bank will then again require your signature. Accordingly, first you must send us a notarized (by an attorney) letter about your bank deposit money and copies of your passport and your immigration card. When these documents arrive, we need a certification of your departure from the immigration office through KFSB. And then we will contact your bank. Before deportation it is necessary for you to solve problems about your deposit money.

2-9. Injuries in the workplace- Industrial Accident Insurance

1) Industrial Accident Insurance

In the case of injury or illness in the workplace employing five or more workers, the workers can receive cure and compensation unconditionally under the responsibility of Workers' Welfare Corp. due to the industrial accident insurance.

2) The payment of compensation fee

¨ç Medical fee and the wage The entire cost of treatment and hospitalization should be covered by the Workers' Welfare Corp. During the period of recovery, the workers should be paid 70% of the average wages. In addition, those who are permanently disabled or handicapped after treatment can receive compensation based on the degree of their disability. Also, cases of recurrent injuries or relapse are to be covered by the industrial accident compensation insurance. In the case of a death, the amount of compensation paid to the worker's family is equal to 1, 300 day's average wages. Funeral expenses are calculated as 120 days' average wages.
¨è In the case of serious accident, workers can take compensations by suing their company for indemnity except for the compensation due to the industrial accident compensation insurance. In this case, workers can receive odds compensation except the compensation paid by the industrial accident insurance, which is calculated on the amount of indemnity regarding the degree of responsibility of employer and the seriousness of the injury or illness. In the process of civil court cases, witnesses are needed necessarily. So, workers should write down the telephone numbers and addresses of the Koreans and migrant workers in their workplace. Workers had better confirm the machine causing the accident, a photograph about the incident and get written or recorded testimony from witnesses.
¨é In cases when the workers are not treated by the industrial accident compensation insurance, they or their family can appeal to the local labor office directly. On the other hand, the industrial accident compensation insurance system not applying to small workplace employing less than 5 people, the workers can receive cure and compensations by suing for indemnities.
¨ê Industrial accidents include industrial disease and industrial injuries occurring at the workplace. Both can be covered by the industrial accident compensation insurance. Industrial accidents are those incurred during working hours and even ceremonies or festivals organized by the company. Industrial disease includes all illnesses caused by the working environments, such a backache or muscular pain caused by handling heavy weights or working in uncomfortable positions, and other physical problems brought about by the use of organic solvent (thinner) and chemicals.
¨ë In the case that the industrial accident occurs, emergency medical care is most important. If possible, the workers should try to seek doctors specializing in their type of injury. If a worker's finger is cut off at work, he/she must ask to be taken to a large hospital within 24 hours so that doctors can perform microscopic surgery to reconnect his/her fingers.
¨ì In the case of injury or death by the industrial accident, sometimes the worker and his/her families might not be able to receive compensations due to the lack of knowledge about Korean law. Accordingly, when industrial accidents happen, workers should seek the help of a counsel office. During the period of treatment, workers should refuse to work and must not laid off or be deported.

We have worked in Kimhae as industrial trainees since October 1996. One of my fellow workers, a 35-year old, died from a pressure accident by a fork lift in the company a few days ago. Although he died, we hope that his family receive enough compensation. How can his family receive compensation and how much? We are also very sad to hear about his death. We can never account his life as money. what remains for his family is just compensation. So we have to try so that his family can get enough compensation. First, his family can benefit from the industrial accident compensation insurance. If a worker is injured, regardless of who caused it, he/she can get compensation and cure unconditionally under the responsibility of the Worker's Welfare Corp. To claim the compensation, his/her family must submit some documents to the Worker's Welfare Corp. However, in the case of death, his/her family must submit a document applying for compensation to the Worker's Welfare Corp. The compensation fee is paid to the bereaved family is the amount of 1,320 days' wages. Next, they can file a civil suit. The compensation paid by industrial accident compensation insurance is just 1, 420 days' wages at most. So they can bring a civil suit claiming compensation until the age the person can work (usually 60 years). In civil suit case, it's private compensation between the company and the sufferer. The lighter his fault was the more favorable it is to the suit. If they win the suit, they can receive the rest except the industrial accident compensation insurance. When death happens, the family wants to the case to finish as fast as possible and bring back the corpse home, however, the process of compromise about the compensation is not easy. If the company suggests the compensation of absurd condition, it is favorable that they seek the help of a lawyer or counsel office. In your friend's case, there are some problems because he had come to Korea as a Trainee Under Joint Venture(TUJV) through India. TUJVs cannot receive the industrial accident compensation because they are regarded as being employed by local companies in their home countries. So the Korean Government has advised that the company hiring TUJVs should apply for private insurance in preparation for such accidents. But this company didn't apply for the private insurance. But even if it didn't, the company couldn't avoid the responsibility about the accident. So the company had to pay the compensation at least following those paid by the industrial accident compensation insurance. Although the case had been settled, the company was required to apply for individual insurance. Also, if a serious accident such as death happens, the family has to seek aid from the embassy and counsel office at once. The most important, however, is to keep the safety and health in preparing against the accident.

 

2-10. Medical Insurance

The Korean government has requested all people to acquire medical insurance by paying some amount of money every month in preparing against illness. Accordingly, if the person who has applied for medical insurance is cured or hospitalized, the person pays just 30% of the medical bill to the hospital and the Medical Insurance Management Corp. pays the rest. Since migrant workers are to be applied Medical Insurance, some amount of the trainees' salary is being deducted for medical insurance fee every month. Accordingly, they have to confirm the admission of medical insurance and keep the insurance card in their hands. However, problem follows illegal stayers. Occasionally they can't be cured because of the burden of expensive medical fee because their condition doesn't allow them to apply for medical insurance. In this case, they have to contact a counsel office and receive aid from them to keep their health.

Example) total amount of medical fee that one has to pay - general (100%): 10,000 won medical fee when one has medical insurance -discounted due to the benefit of medical insurance (30%) : 3,000 won

2-11 Labor Unions and Collective Action

1) Migrant workers can also become labor union members

In order to improve working conditions of workers, they have rights to form organizations, exercise collective bargaining and conduct collective strikes. Right to form organizations- since an individual alone can not effectively deal with his/her employer, workers themselves have the right to form an organization to defend their rights. Right to exercise collective bargaining- this implies workers rights to bargain or negotiate their conditions with their employers on a collective basis because it is difficult for each employee to solve the problem about labor conditions through compromising with employer. Right to conduct collective strikes- every worker also has the right to strike and/ or fight for working conditions suitable for his/her needs. However, due to the limitation placed on industrial trainees and illegal migrant workers, they are in fact denied access to labor unions. However, whether migrant or Korean workers, they should make an effort to create or join labor unions to improve their working conditions and to assure their rights as workers. Only in this way can workers defend their rights and lead more humane lives. Thus far Korean labor unions not only failed to pay attention to the problems of migrant workers, but also neglected to carry on activities to protect migrant workers and to provide necessary means to form labor unions for migrant workers. Recently, however, Korean labor unions gathered interest on such issues; they are expected to work for the protection of migrant workers' rights and organize them into the labor unions. In view of examples provided by Germany and Japan, it is believed that migrant workers in Korea will be able to join labor unions. In Germany, for instance, all migrant workers are entitled to join labor unions and constitute about 8% of the entire union members in the country. In Japan, even illegal migrant workers are protecting their rights by themselves by joining Japan's labor unions. Accordingly, migrant workers themselves should maintain positive interests in forming labor unions and participate in Korean labor unions' efforts to improve working conditions of workers.

2) Situation of Korean labor unions

Since the mass struggle of workers in 1987, workers' organization and struggling in Korea have developed rapidly. Currently, there are about 7,000 company based unions in Korea and roughly 1.7 million workers are their members. However, the organizing rate of labor unions is not high yet. Among big sized unions, membership ranges from 20,000 to 50,000. These are usually concentrated on such large industries as shipbuilding, automobile production and communication services. At the same time, there are relatively small labor unions in small and middle sized industries whose labor union membership is no more than one hundred. Also, while the most common form of labor unions is based on company union, there are regionally based labor unions which organize all of the workers in a region as well. For migrant workers employed in small and middle-sized companies, it would be much more effective to join regionally based labor unions. Furthermore, while there are unions for workers employed in factories, such non-factory related workers as the press, hospital, research, bank and transportation workers and so on have created unions of their own and have formed solidarity with unions in different industries to struggle for a common cause. The company based unions have formed industrial unions in the same industry and this, in turn, got together and formed an even larger national union called the National Center. In this way, they are forging a unified effort to strengthen their collective power. As a side note, currently the National Center is divided into two camps: one is called the FKTU (Federation of Korean Trade Union), conservative union, supported by the government and the other is called KCTU (Korean Confederation of Trade Unions), progressive union, orienting democratic union through struggle.

3) The relationship with Korean labor unions

Workers of the countries accepting migrant workers precaution against migrant workers robbing them of their working site. However, thinking that the situation as wage workers is the same even though the nationality is different, to make an active solidarity is favorable to each other. Workers of all nations are one. If you happen to come across a worker who engages in labor union activities, we hope that the migrant workers can feel free to tell their stories and show interest in labor unions. And let's discuss ways to organize migrant workers through labor unions.

3-1 International marriage

In humane life, love between male and female is not based on nationality. Accordingly, recently marriage between Koreans and foreigners living in Korea is increasing. So it is necessary to know the marriage procedure between a Korean and a foreigner. In Korea, marriage declaration must be made in order to certify the fact of marriage. In addition, for the marriage declaration, documents as follows are needed:

1) Whether someone marries in Korea or overseas, marriage certification is needed and this must be co-certified. (If this certification is written in foreign language, it must be translated into Korean.)

2) Documents that will clarify that the two marrying couple are eligible to marry should be submitted. Family In case of the Korean, a copy of his/her family register is needed and in case of the foreigner, legitimate certification is needed. (Again it must be translated into Korean.)

3) Signatures of two Koreans who will act as witnesses to affirm the fact of the marriage between the two people is needed.

4) If you submit the above things at the district office you can declare your marriage after only 3-4 days.

I'm a Pakistani who wants to marry a Korean woman I met a year ago. But I am staying illegally in Korea. Can I marry? And is it possible to live in Korea after marriage? If you live in Pakistan after marriage, it is no problem. However, if you want to live in Korea, your marriage can not be permitted legally because your situation is illegal. So it is advisable that you marry after clearing your status as an illegal stayer. You can leave Korea with your wife and marry in Pakistan. Then by submitting your marriage certificate to the Korean Embassy in Pakistan, you can receive an F-1 visa and enter Korea again. Or your wife, after marriage, can come back to Korea, present your marriage certificate to the immigration and then send you an invitation. You can then show the invitation to the embassy to obtain an F-1 visa. But you must be aware that people who had stayed illegally in Korea have difficulty entering the country again. So you have to prepare for your re-entry as much as possible. Refer to 3-2 as follows about other problems.

3-2 The right to live with family

The marriage between Korean male and foreign female in the Korea, having a patriarch society, does not have big difficulty, however, the marriage between Korean female and foreign male often has a lot of problems. Receiving F-1 visa which allows for no more than 3 months or 6 months of stay, one can not live stably because he/she has to repeat entrance and departure or extend the visa (refer to 1-2, 'stay qualification'). Also, one having F-1 visa may be in trouble when he/she looks for a job because the visa does is not a formal job visa. Since Korea does not have a permanent residence system, if one wants to live in Korea, she/he had better be naturalized. One who has stayed for 2 years in Korea after marriage, can acquire a Korea nationality by passing a prescribed examination according to the revised nationality law approved in June 1998. If he/she acquires Korean nationality, he/she must give up his/her former nationality within 6 months because the Korean Government doesn't allow double nationality.

3-3 Children

According to the revised nationality law, a child can acquire Korean nationality even if only one parent is a Korean national. If it is difficult to decide the child's nationality, however, the child can choose his/her nationality until he/she reaches the age of 18. Although his/her father doesn't possess Korean nationality, the child can receive the benefit of medical insurance, education, etc.

Migrant workers, particularly illegally stayers, experience much difficulty trying to send money to their families. In their attempt to send their hardly earned money to their countries, migrant workers often rely on their friends and/or companies for which they work. In many cases, these intermediary persons take the money and run. Also, there have been cases when migrant workers having their cash in their home or their pocket lost all their savings to a robber . Currently, migrant workers can open an account in most banks in Korea only by presenting their passports. This is possible even for industrial trainees and illegal migrant workers. If you do not have a passport, you can open an account with a photocopied version of your passport. In this way, you can protect your money from robbers or prevent losing them accidentally. Also, when you open an account, ask for an cash card (ATM card) which will allow you to withdraw money from virtually anywhere in Korea. If you do not have a cash card, then you can simply use your bankbook to withdraw and deposit money at your bank or its branches. If you are still worried, you can request one of the counselors to go with you to a bank. Also, since it is crucial to punch in a secret number (PIN), you must not allow other people to know it. If you lose your bankbook, you can always obtain a new one by presenting your secret number and account number. Inversely, if one happens to find or steal your bankbook, he/she will not be able to get your money provided she/he does not know its secret number. If you wish to send money to your families, you can send up to (U.S.)$10,000 in their name. As you may already know, you should go to a bank with someone you can trust. In this case, it might be a good idea to go with one of the counselors from the counseling centers listed in this booklet.

You need to know these information when you send money ¨ç Name, telephone number, address of receiving person ¨è Bank name, branch and bank address ¨é Account number

English spelling should be exact. In case your money is returned due to carelessness, you should pay for the service charge in the nuisance to send again.

5-1 The situation of migrant workers in Korea

It has been ten years since migrant workers first entered Korea. After the Seoul Olympic Games in 1988, migrant workers worked for small and middle-sized companies which Koran workers avoided because of the low wage and high labor intensity. Southeast Asian workers, filled up 2% of the Korean labor population. Korean workers also went to work to America, German, Japan to earn foreign currency from 1960 to mid-1980, just 20-30 years ago. Since 1990 Korean migrants going outside decreased rapidly and now Korea has achieved 'migration transition' where migrant workers flow into massively. About 100,000 migrant workers left Korea in 1998 because of the economic crisis which suddenly occurred in late 1997. As soon as the news about the Korean economic recovery spread, the entrance into Korea of migrant workers increased again. 152,121 migrant workers are staying in Korea by late February 1999 (industrial trainees 46,547, undocumented workers 105,574). Even though a third of industrial trainees escape from their working site every year, the Korean government doesn't have any countermeasures but to arrest and deport run-away trainees. Nowadays, industrial trainees still suffer from basic human rights violation such as low wages (300,000 won every month), compulsory overtime working and holiday working, frequent occurrence of industrial accidents, intermediary exploitation by agencies, passport seizure, prohibition of going outside company, violence and so on. Especially, Trainees Under Joint Venture(TUJVs) are laid on quite a poor situation. They receive extremely low wage of 80,000-120,000 won every month and even if they encounter industrial accident, they can not be entitled to industrial accident compensation insurance. In January 1994, the sit-in strike of migrant workers who suffered from industrial accidents at the auditorium of the Citizens Coalition for Economic Justice (CCEJ) made the Korean society aware of the sufferings of migrant workers. In January 1995, the next year, Nepalese trainees' ardent appeal, "Don't beat us!", "Pay our salaries!", "We are humans. We are not slaves!", in front of Myongdong Cathedral in Seoul caused the stipulation of the improvement of the Industrial Trainee System. In July 1995, nationwide migrant workers counsel¡¤assistant offices established the Joint Committee of Migrant Workers in Korea (JCMK) and nowadays are spreading an active campaign for the 'release of illegal stayers' and 'the improvement of the Industrial Trainee System', proclaiming September as the month of migrant workers. In 1997, by shaving their heads and sit-in hunger strikes urging the 'legislation of the protection law for migrant workers', JCMK was promised law revision by the National Assembly. However, as soon as the shimmering public opinion calmed down, fundamental improvement disappeared and this law is proceeding with the problem of already existing Trainee System and just changed its name to Trainee Employment System.

5-2 Ways to improve

First of all, the Korean government must allow migrant workers to enter the country with rational procedure on the assumption that don't discriminate them if Korea must employ them necessarily and guarantee their basic human rights by treating them fairly and providing just labor condition. The Korean government should also grant amnesty upon undocumented (illegal) migrant workers and guarantee the legitimization of their status. They played a key role as veiled workers for the development of the Korea economy.
Our demands for the improvement of migrant workers policy are as follow:
¨ç Establish rational policies regarding migrant workers by making public discussion and the national compromise process.
¨è Abolish the contradictory Industrial Trainee System and develop ways to treat migrant workers equally and fairly.
¨é In order to secure human rights of migrant workers, the 'Migrant Workers Protection Law' must be enacted. The contents of this law is as follows:

a. A tripartite organization in management, labor and public must be in charge of managing and introducing migrant workers.

b. While admitting migrant workers through inter-governmental ties, the sending countries must establish public entities which would eliminate private recruiting centers that squeeze hard earned wages from the workers.

c. The Korean government must recognize migrant workers as laborers and provide the same labor rights as the natives by ensuring labor's three primary rights and applying Korean labor law equally to migrant workers.

d. The social welfare provisions must apply indiscriminately to migrant workers.

e. Prior to their embarkation, migrant workers should be given opportunities to be educated on Korean language, on the job skills and adapting to Korean society.

f. For those companies employing foreign workers, they must learn about sending countries' culture through educational programs.

g. In order to solve the reality of "forced labor" situation, migrant workers must be given the freedom to move from one company to another.

h. A system of bestowing rights to migrant workers must be established through the government channel which acts as the tripartite.

i. Upon arrival, placing migrant workers must be systemized.

4. In addition to the implementation of the new system, illegally employed migrant workers must be pardoned and must be given lawful identity. Furthermore, the system of penalizing those who voluntarily deport must be abolished.

5. Those trainees who came through the overseas joint venture companies must be treated equally as other trainees.

6-1 LIST OF COUNSELLING CENTERS FOR FOREIGN WORKERS (Under JCMK)

LIST OF COUNSELLING CENTERS FOR FOREIGN WORKERS

Hospitals for Migrant Workers

- Seoul & Kyonggi Province : Medical Mutual-Aid Union for Migrant Workers in Korea (MUMK).

¿Ü±¹Àγ뵿ÀÚ ÀÇ·á°øÁ¦Á¶ÇÕ ( Medical Mutual-Aid Union for Migrant Workers in Korea)
* ÁÖ¼Ò : 100-192 ¼­¿ï Áß±¸ À»Áö·Î 2°¡ 4Ãþ * ÀüÈ­(Tel) : (02)779-0326/7 * Æѽº(Fax) : (02)779-0327

What is MUMK?

It is an organization which will take care of you in case you are sick. This is just for you, migrant workers. People say most lonesome and painful moment comes when you are sick in a foreign strange land. What a miserable and sad situation if you have to just tolerate your illness due to high medical cost! This is good news for you - MUMK!

Is it true that we, migrant workers, will really be benefited if we become a member?

Certainly! When you become a member, you will have to pay only 30-40% of the medical bill at designated private clinics. At designated general hospitals you will pay only 50-60% of the total bill. One more thing to know!! After three month of being a member, you can get 50% medical bill support from the Union. (please refer to the Terms and Conditions for the members of the Union)

However, all these services are available at the predesignated medical facilities only !

Insurance card of Medical Mutual-Aid Union is not acceptable at all medical institution and facilities but predesignated private doctors, clinics and hospitals. So you should consult with your affiliated migrant support group (functions as branch office of the Union) to get proper information on medical facilities. They will kindly help you.

How much is the fee and how can we pay it ?
The membership fee is 5.000 Won monthly. All collected monthly fees are used for medical bill support for those who are sick. Therefore if you are sick, you are supported by the fund that has been collected from the members. The membership fee should be paid to your affiliated migrant workers' counseling center or by using bank transaction system. If you do not pay the fee for more than 3 month, you will loose your membership rights and no benefits will be given to you.

It seems lots of benefits are given to the members while they pay 5,000 Won of monthly fee. Is it still possible to manage the Union?

Of course not. It is not enough to operate the Union based on membership fee only. Therefore it is sustained mainly by the support of various hospitals and donations. The Medical Mutual-Aid Union is a non-profit organization but it is just for the sake of health and life of migrant workers.

What are needed to be a member of the Union?

You should prepare 10.000 Korean Won(5,000 entrance fee and 5,000 first monthly fee), two photos and your passport(or any document that can prove your identity), and then go to the nearest migrant workers' counseling center. After becoming a member the monthly fee is 5,000 Won.
Pusan
* In case of emergency or any health problem, you can contact these hospitals.

Herb Clinc ¿ì½É ÇÑÀÇ¿ø Yoosim Herb Clinic 512-8377 Jo Joo-heum ´ÉÀÎ ÇÑÀÇ¿ø Neungin Herb Clinic 818-0121 Kim Jong-hoon ¹é¾Ï ÇÑÀÇ¿ø Baekam Herb Clinic 502-0038 Hwang Hong-goo ÃßÈ£ ÇÑÀÇ¿ø Chuho Herb Clinic 467-0124 Kim Chol-seong

General Hospital ¼­¿ï ¿Ü°ú Seoul segery 704-0177~9 Son Shin ±èµ¿¼ö ³»°ú Kim Dong-su Medicine 338-7971 Kim Dong-soo

Dental Clinic

»õ³¯Ä¡°ú Saenal Dental Clinic 864-5927 Park In-soon Àç¼ÛºÎºÎÄ¡°ú Chaesong couple Dental Clinic 784-7285 ÇÏÇö¼® Ä¡°ú Ha Hyun-suk Dental Clinic 244-2800 Ha Hyun-suk Á¶±âÁ¾ Ä¡°ú Cho Gi-jong Dental Clinic 515-5131 Cho Gi-jong Â÷»óÁ¶ Ä¡°ú Cha Sang-jo Dental Clinic 322-1928 Cha Sang-jo

6-2 Embassies & Consulates

   Embassies

   Consulates

China --------------------------------------------------(051) 441-8749 207-1, Choryang2-dong, Tong-ku, Pusan Russia -------------------------------------------------(051) 441-9904 89-1, 4ga, Chungang-dong, Chung-ku, Pusan Indonesia ----------------------------------------(051) 808-0041

6-3 Immigration Offices

Seoul (02) 650-6399 Pusan (051) 461-3000 Kimhae (0525) 972-1610 Inchon (032) 882-0544 Cheju (064) 722-3494 Taegu (053) 981-6851 Uigongbu (0351) 876-5561 Kwangju (062) 381-0145 Taejon (042) 254-1391 Masan (0551) 222-9272 Gunsan (0654) 445-2581 Dong-hae (0394) 521-5024

6-4 Local labor offices

6-5 Korea Labor Welfare Corporation

Korea Labor Welfare Corporation

¼­¿ïÁö¿ªº»ºÎ Seoul 02) 508-7237-9 ¼­¿ïÁߺÎÁö»ç Middle Seoul 02) 2231-2055~8 ¼­¿ïµ¿ºÎÁö»ç Eastern Seoul 02) 2203-1352~4 ¼­¿ï¼­ºÎÁö»ç Western Seoul 02) 701-1322~3 ¼­¿ï³²ºÎÁö»ç Southern Seoul 02) 675-9103~5 ¼­¿ïºÏºÎÁö»ç Northern Seoul 02) 952-5015~7 ¼­¿ï°ü¾ÇÁö»ç Gwanak Seoul 02) 634-9142~4 Ãá õ Áö »ç Chuncheon 0361) 241-1918 Å ¹é Áö »ç Taebak 0395) 552-8607 °­ ¸ª Áö »ç Gangreung 0391) 645-4704,6 ¿ø ÁÖ Áö »ç Wonju 0371) 746-2172~3 ¿µ ¿ù Áö »ç Yongwol 0373) 374-3893~4 ºÎ»êÁö¿ªº»ºÎ Pusan 051) 468-4634 ºÎ»êµ¿·¡Áö»ç Dongrae 051) 553-9814~5 ºÎ»êºÏºÎÁö»ç Northern Pusan 051) 314-7807~10 â ¿ø Áö »ç Changwon 0551) 289-6611~3 ¿ï »ê Áö »ç Ulsan 052) 276-7531~2 ¾ç »ê Áö »ç Yangsan 0523) 388-3403~4 Áø ÁÖ Áö »ç Chinju 0591) 760-1502~3 Åë ¿µ Áö »ç Toungyoung 0557) 641-8654~5 ´ë±¸Áö¿ªº»ºÎ Taegu 053) 356-7950~2 ´ë±¸³²ºÎÁö»ç Southern Taegu 053) 753-9823~4 Æ÷ Ç× Áö »ç Pohang 0562) 284-7797 ±¸ ¹Ì Áö »ç Gumi 0546) 456-4678~9 ¿µ ÁÖ Áö »ç Youngju 0572) 636-0308~9 ¾È µ¿ Áö »ç Andong 0571) 858-8341 °æÀÎÁö¿ªº»ºÎ Inchon 032) 439-3720~5 ÀÎõºÏºÎÁö»ç Nothern Inchon 032) 551-5275~8 ¼ö ¿ø Áö »ç Suwon 0331) 245-2458~9 ºÎ õ Áö »ç Bucheon 032) 665-2294~7 ¾È ¾ç Áö »ç Anyang 0343) 388-9543~5 ¾È »ê Áö »ç Ansan 0345) 405-7989~90 ÀÇÁ¤ºÎÁö»ç Euigeongbu 0351) 877-9250~2 ¼º ³² Áö »ç Seongnam 0342) 756-8635~7 ±¤ÁÖÁö¿ªº»ºÎ Kwangju 062) 514-4581~5 Àü ÁÖ Áö »ç Cheongju 0652) 246-6161~4 ÀÍ »ê Áö »ç Iksan 0653) 856-2882 ±º »ê Áö »ç Gunsan 0654) 452-0661~2 ¸ñ Æ÷ Áö »ç Mokpo 0631) 242-7637~9 ¿© ¼ö Áö »ç Yeosu 0662) 653-9984~6 Á¦ ÁÖ Áö »ç Cheju 064) 44-6084~5 ´ëÀüÁö¿ªº»ºÎ Taejeon 042) 472-6039~41 û ÁÖ Áö »ç Cheongju 0431) 224-4611~5 õ ¾È Áö »ç Cheonan 0417) 563-0955~6 Ãæ ÁÖ Áö »ç Chungju 0441) 847-9995 º¸ ·É Áö »ç Boryeong 0452) 31-1183

Korea Labor Welfare Corporation Workers accident medical corporation
      Affiliated Organizations Network

Head Office Seoul Yeong-deung-po ----------------- 02)637-2011 Choongang Hospital In-choen -------------------- 032) 500-0114 Taebaek Choongang Hospital Tae-baek ----------- 0395)580-3333 Changwon General Hospital Chang-won ------- 0551) 82-5111,5211 Sunchon General Hospital Sun-chon ---------- 0661) 721-2700~10 Taejeon Choongang General Hospital Tae-jeon --- 042) 631-8251~7 Ansan General Hospital Ansan ----------------- 0345) 406-2991~5 Tonghae Hospital Tong-hae ------------------- 0394) 530-3100~4 Chongson Hospital Chongson -------------------- 0398) 560-7100 Kyounggi Reouperation Hospital Wha-seong ------- 0339) 351-3083

6-6 Guide on the protection and management of foreign industrial trainees

Guide on the protection and management of foreign industrial trainees
(Enactment 2.14.1995 The establishment regulation of the ministry of labor No. 258)

Article 1 (purpose) The purpose of this act is to maintain the necessary articles to fit the protection and management of trainees at the workplace in Korea, as foreign industrial trainees.

Article 2 (basic idea) The purpose of industrial trainee system is to contribute to the development of the country as a core industrial manpower of one's country after home-coming by giving the trainee the opportunity to acquire technical skills at his/her workplace.

Article 3 (application scope of trainee) The trainee according to this guide is the person recommended by the chief of public body related to the industrial company whom the chief official designates, by the provision of article 2 clause 2 "the guide of affairs treatment on the issue of foreign industrial training visa, The Ministry of Justice Instruction No.304(94. 9.14)

Article 4 (the position of trainee) Trainee has the stay qualification of trainee status by immigration control law and has duty and right as a worker within the limit this guide fits in case that he/she receives working's price such as wage, allowance through he/she offer his/her service eventually in the process of training due.

Article 5 (the person concerned in conclusion of training contract) Employer must conclude training contract with trainee who has legal stay qualification according to related stipulation such as immigration control law, vocational safety law.

Article 6 (training contract) The training contract period of trainee makes 1 year a rule and when continuous training is needed, trainee can make prolonged contract within 1 year according to related stipulation.

Article 7 (contents of training contract paper) ¨ç Employer must include in the training contract paper the training conditions such as allowance, training time and others before trainee begins training and the employer and the trainee must each hold a copy of the training contract paper. In this case, to write this contract paper in Korean language is principal and this contract paper must be understand by trainee through translation. ¨è Employer should let the trainee understand the legal subtraction (from their salary/wages) such as tax system, medical insurance fee, calculation and pay method of allowance and these things should coincide with actual paid sum. ¨é Employer should arrange and write the register of cash payment to trainee according to trainee list and training contract paper. ¨ê Employer should ensure sleeping accommodation for trainee. ¨ë Trainee's visa should be possessed by trainee himself/herself. ¨ì Employer should pay trainee's allowance and cash within 14 days from day the reason of payment occurs when trainee goes back to his/her country and liquidate necessarily before deportation.

Article 8(the protection of trainee) ¨ç Trainee should be protected about each clause in accordance with basic legislation of the Labor Standard Law, Minimum Wage Law, Industrial Health and Safety Law, Industrial Accident Compensation Insurance Law and Medical Insurance Law. 1. The prohibition of violence and compulsory working 2. Fixed, direct payment in cash and liquidation of money and other valuables 3. Training time, rest¡¤ day off, overtime¡¤night working, day-off training 4. The guarantee of minimum wage standard 5. Insurance of industrial health and safety 6. The benefit of industrial accident compensation insurance and medical insurance ¨è As to the guarantee of minimum wage standard of training allowance about trainee, the period of the first 3 months is regarded as training use period.

Article 9 (Health and safety control) ¨ç Employer should let trainee understand this by using of illustrations about mark, notice as to safety and health. ¨è Employer should proceed with medical-check up every year on trainee and explain to let trainee understand the purpose, content and result of health medical check-up and the necessity of post treatment. ¨é Employer should proceed with health guidance and counselling of trainee in utilizing industrial health and safety doctor and safety manager.

Article 10 (the assistance of industrial accident compensation) ¨ç Employer should inform that the benefit of industrial compensation is given to trainee and let trainee understand the contents of industrial accident compensation insurance law and the application procedure of insurance allowance. ¨è Employer should pay insurance fee in accordance with the Industrial Accident Compensation Insurance Law. ¨é In case trainee is injured by working accident, employer should do the necessary assistance such as claim of insurance allowance.

Article 11(Applying for National Technique Qualification Examination) ¨ç Trainee can apply for National Technique Qualification Examination due to National Technical Qualification Law according to one's will. ¨è The institute managing National Technique Qualification Examination should assist necessary things such as translation so that trainee can understand the content of examination. ¨é Employer should assist the necessary measures such as the receipt of related document, consideration of working hours and so on when trainee applies to National Technique Qualification Examination in the period of training due to the provision of clause

Article 12 (Training of trainee) ¨ç Employer should give training to trainee following each of these clauses: 1. The item necessary to the acquirement of technique and skill. 2. The item related to the management of industrial health and safety. 3. The item necessary to common life such as the education of Korean language, culture, customs, domestic laws so that trainee can adjust to Korean society as fast as possible. 4. The item which employer regards as necessary, etc.

Article 13 (predicament counseling) Employer should reply sincerely about the predicament counselling of trainee and not hinder that trainee in contacting local labor office, immigration office or branch office of the Ministry of Justice, Korean Federation of Small Business(KFSB) or trainee's civil appeal and predicament counsel center installed by the KFSB.

Article 14 (The convenience supply for trainee) ¨ç Employer should guarantee the opportunity so that trainee can utilize meal service, medical care, refinement, culture, sports and rest institutions sufficiently. ¨è The chief of local labor office should do the necessary assistance such as alternation of training workplace, deportation in discussion with recommendation institution, etc. as to the trainee who stops work during the period of training contract because of workplace's shutting down. ¨é Employer should give the necessary assistance so that trainee terminates his/her training relation and goes back to his/her country as fast as possible if his/her stay period expires.

Article 15 (The designation of trainee management chief officer) Employer should assign trainee management chief officer in order to manage items stipulated by this guide when training over 10 trainees.

Article 16 (the report of trainee arrangement situation) The president of KFSB should report to the Minister of Labor in written form of annexed paper N0.1 when arranging trainee at the training workplace.

Article 17 (Direction supervision and exclusion) ¨ç The chief of local labor office should do administrative control in order to make employer keep this guide. ¨è The chief of local labor office should request the necessary measures such as the stoppage of trainee arrangement about relevant workplace at the recommendation institution in case employer doesn't proceed with administrative control due to the provision of clause 1 and recommendation institution can not refuse without rational reason. ¨é The chief of local labor office can proceed supervision at any time when employer continues to violate this provision despite of administrative control due to the provision of clause No.1 and should take action about the offense according to relevant law like Labor Standard Law Articles 6, 7, 30, 42, 44 or 46, 102 or 112, Minimum Wage Law, Industrial Health and Safety Law, Industrial Accident Compensation Insurance Law in consequence of supervision at any time. Supplementary Provision ¨ç (Enforcement day) This act is enforced from Mar,11, 1995 ¨è (Interim measures) Employer should conclude the training contract about the trainee when this act proceeds by Feb, 28, 1995.

<Supplementary Provision> ¨ç (Enforcement day) This act is enforced from Mar,11, 1995 ¨è (Interim measures) Employer should conclude the training contract about the trainee when this act proceeds by Feb, 28, 1995.

FWR Information

Migrant Workers Guidebook Published by FWR is... FWR, The Association for Foreign Workers' Human Rights in Pusan aims to ¡£protects the human rights of migrant workers in Pusan and South Kyongsang Province, ¡£build friendship between Koreans and foreigners through cooperation, ¡£contribute to the human-centered society both in Korea and the world. ¡£labor councelling, assistance for International Spouses, assistance against Violation and Swindle, assistance for Remittance and Departure, medical chek-ups, curtural events, education, research and study Since October 1996, FWR has been endeavoring to solve the problems migrant workers have been facing and to improve a systematical conditions upon them. FWR is a member of the Joint Committee for Migrant Workers in Korea (JCMK).