In Dec. 2020, an incident occurred in which a migrant worker was found dead in his room
(temporary building) inside a vinyl house in Pocheon, Gyeonggi-do,240) and gathered attention
on the treatment of foreign workers in the agricultural sector, such as the living conditions.
Because of this incident, the government announced a policy of “significant strengthening of
the standards for residential facilities for employment permits in the agricultural and
fisheries sectors”241) and is promoting related follow-up measures. However, due to many
controversies and differences of opinion from various areas, some measures are being
postponed.242) On Sep. 16, the NHRCK also recommended to the Minister of Employment
and Labor to devise support measures, such as the establishment of public dormitories, to
ensure housing rights of the migrant agricultural workers, and to revise relevant regulations
so that accommodation and food expenses are not deducted from the wages of migrant
workers.243)
B) Progress and Limitations on Strengthening the Standard for Residential Facilities
of Migrant Agricultural Workers
In the past, accommodation fee deduction agreement between farmers and migrant
workers is recommended at 8-20% of monthly wages pursuant to the ‘Guidelines for
Provision of Accommodation Information to Foreign Workers and Collection of Expenses’
(Feb. 2017), which was provided to assist employers in collecting accommodation fees at an
appropriate level when providing residential facilities. However, at that time, there was no
239) Kyunghyang Shinmun, 549 Episodes of “Broken Korean Dream” Experienced by Cambodian Workers, Sep. 27,
2022.
240) The victim's official cause of death was complications of cirrhosis of the liver. However, the victim and four fellow
migrant workers lived together in a dormitory in the form of a sandwich panel in a plastic house installed on
farmland, and it received attention when it became known that a worker was found dead in a space with poor
heating facilities. On Apr. 27, 2022, the victim was recognized as having died from an occupational disease
pursuant to Article 37(1)(2) of the Industrial Accident Compensation Insurance Act by the Occupational Disease
Determination Committee..
241) This policy includes measures, including prohibiting employment permit and allowing change of workplace when
providing accommodation in temporary buildings, strengthening guidance and inspection of residential facilities in
the agricultural and fisheries sector and promotes labor supervision, supporting improvement of residential
facilities for small farmers and fishermen, and strengthening training on labor management for farmers and
fishermen.
242) National Assembly Legislative Research Service, Issues and Arguments, No. 1860, Status on Strengthening the
Standards on Residential Facilities for Migrant Agricultural Workers and Alternative Options, Jul. 30, 2021.
243) NHRCK, Decided on Sep. 16, 2022, 21JinJeong0000400·21JinJeong0000500(Combined) Infringement of Right to
Residence and Health of Migrant Agricultural Workers Due to Poor Residential Conditions
96
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