121. Since August 2012 has the list of hiring companies been no longer provided to
migrant workers who enter Korea under the EPS when they attempt to change
the work place due to unfair treatments by an employer, etc.
122. Therefore, all they can do is just to wait until a new employer calls them, and
they can hardly reject any offer upon an interview even though they find new
working conditions unsuitable for them. This is because the application for
changing workplace and the job search shall take no longer than a month and
three months, respectively. Those who fail to find a new job within the preset
period will be deprived of their visas and deported or turn into undocumented
immigrants.
123. From 2010 to June 2015, those who exceeded the application period numbered
26,466, while those who failed to meet the job search period were 16,530; thus,
the number of immigrants facing forced deportation or becoming
undocumented in the process of changing their workplace reached 42,996 in
total.19
124. The Immigration Act stimulates that an employer who hires an alien shall
report to the head of the competent Regional Immigration Service if the
whereabouts of the employed alien becomes unknown. When the report is filed,
the immigrant worker is immediately listed as "whereabouts unknown" on a
computerized system and asked to appear. When he/she does not show up and
explain, his/her status of stay is revoked after an announcement of attendance,
which leads to forced deportation eventually a month afterwards.
125. This repercussion makes the article called the "report of absconding" system
instead of its formal title, "report of change in employment,” which works
against migrant workers as employers often abuse it to threaten them, i.e.,
turning them into illegal or deporting them, in response to their request for
protection of rights.
126. The side effect of the report becomes severe when it comes to fishers and
migrant workers in agricultural and livestock industries. Their workplace, farm
19 The Research on Reestablishing Guidelines for Human Rights of Immigrants, p. 77, by the
NHRCK (2017) is referenced, which is quoted from the Ministry of Employment and Labor's
discussion in the booklet for the Seminar on Improvement of Immigrant worker's Rights to Work
held on September 2, 2015.
28