Key Activities
Human rights of alien worker violated due to issuance of work permit denied
On May 8, the Commission recommended the director of a regional employment office under
the Ministry of Employment and Labor to find a solution for an alien worker whose worker status
expired due to elapse of worker registration period by no intention or gross negligence on his part,
and allow him to work with a proper work permit.
The Commission found that an alien worker who applies for a change in workplace must obtain
permission within three months from the date of application, and the Ministry of Employment and
Labor must help the worker find a job in three months. In this case, however, it took two months
for the employment office to document the fact that the petitioner had left a wrong phone number,
and the petitioner had only five days left when he got a job offer from the office. Also, by mistake
of the employer, the petitioner had to undergo an unnecessary tuberculosis test, which caused him
to miss the legal employment registration period by a lapse of three days.
Based on the above, the failure to meet the employment registration period is due to a reason not
attributable to the worker, as specified in the proviso of paragraph 3 of Article 25 of the Act on the
Employment, etc. of Foreign Workers.
Thus, the Commission concluded that denying work permit to the petitioner who was without
fault in the elapse of the employment registration period is a violation of the freedom of action and
the freedom of occupation of the petitioner.
The employment office accepted the Commission’s recommendations and gave the petitioner an
extension for workplace change so he can continue to work legally as an alien worker.
Freedom of movement and residence violated due to policy restricting leave to a
country other than the one volunteers are sent to
On November 28, the Commission recommended the president of an overseas volunteer
organization to modify the leave policy that restricts volunteers from taking leave in a country
outside the one they are serving.
The Commission concluded that the leave policy, which limits volunteers from taking leave
to another country, is a violation of the freedom of movement and residence because: there is no
significant correlation between the safe management of volunteers and the leave policy (including
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