South Korea's Disposable People

by Amanda Kloer

categories: Government & Legal Efforts on Human Trafficking, Human Trafficking in Asia and the Pacific, International Human Trafficking and Migration, Labor Trafficking and Trade

Published October 20, 2009 @ 01:00PM PT

Abolitionist Kevin Bales was the first to coin the term "disposable people" as a reference to modern-day slavery. It's remained a popular term because it has both great descriptive power and great accuracy. Victims of human trafficking are treated temporary, replaceable items -- not individual human beings. Amnesty International has recently shined a light on one group of people who are particularly treated as such -- migrant laborers in South Korea.

South Korea was actually one of the first Asian countries to grant equal rights to migrant workers, including the same status as Korean workers. In 2004, they passed legislation guaranteeing equal labor rights, pay, and benefits for all migrant workers. However, five years later, many migrant workers continue to face the hardships and abuse they experienced before legal reform. Workers often work with heavy machinery and dangerous chemicals without sufficient training or protective equipment, putting them at greater risk of accidents and fatalities. They receive less pay than South Korean workers in the same jobs. Female migrant workers face sexual harassment, rape, and trafficking into prostitution. Many workers have had wages withheld without cause and been cheated out of wages.

South Korea is an example of the importance of implementation of law. On the books, migrant workers have great legal protections and full rights. However, in reality, no mechanism for implementing the law exists. Workplaces are not monitored for safety violations, the claims of unfair dismissals and wage theft are not addressed. Unfortunately, this sort of situation is not unique to South Korea. Since the U.S. began issuing it's annual Trafficking in Persons report and rating countries on their efforts to combat human trafficking, more countries have passed better anti-trafficking legislation. Strong laws are important, but ultimately meaningless if the country lacks any mechanism to enforce that law. Too often, strong anti-trafficking laws have failed to make a difference in the lives of at-risk and trafficked people because of a lack of enforcement. We should learn from South Korea's example that the "how" of law is often just as imporant as the "what."

Until a better enforcement mechanism is in place, Amnesty International is asking South Korea to do the following:

• to ensure that employers respect, protect and promote the rights of migrant workers through rigorous labour inspections so that the workplace is safe, training is provided and migrant workers are paid fairly and on time;
• to protect and promote the rights of all female migrant workers and stamp out sexual harassment and sexual exploitation;
• to allow irregular migrant workers to remain in South Korea while accessing justice and seeking compensation for abuses by employees; and
• to ensure that during immigration raids, immigration authorities adhere to South Korean law requiring them to identify themselves, present a warrant, caution and inform migrant workers of their rights, and provide those under their custody prompt medical treatment when needed or requested.

Photo credit: 2017