legal basis for migrant workers' living conditions, and the guidelines were used as a
justification for pre-deduction of accommodation or accommodation expenses from wages
in a situation where it was difficult for migrant workers to negotiate on an equal footing with
employers.
In Jan. 2019, Article 100-2 of the ‘Labor Standards Act’ and Article 22-2 of the ‘Act on the
Employment of Foreign Workers’ were newly established to reflect the criticism of the poor
living environment and the tendency to excessively deduct accommodation expenses
without legal grounds. When employers provide dormitories to foreign workers, duties such
as maintaining workers' health and protecting their privacy were imposed. However, the
“Regulations on Provision of Dormitory Information for Foreign Workers,” prepared by the
Ministry of Employment and Labor in Jul. 2019, still included “containers and prefabricated
panels” as residential facilities and “non-residential areas in mountainous or rural areas” for
installation locations.
After the death of the victim became known in Dec. 2020, the government established
measures for the migrant worker's residential environment, and these measures include not
allowing employment permits and allowing workplace changes when providing
accommodation in temporary buildings, strengthening guidance and inspection of
residential facilities in the agricultural and fisheries sector, promoting labor supervision, and
supporting the improvement of residential facilities for small farmers and fishermen.
However, some of these measures have been suspended due to objections from farmer
organizations, and furthermore, they are not being complied with due to difficulty in
satisfying legal requirements (existence period within 3 years, area restrictions, etc.) or not
knowing about the mandatory reporting, etc.244)
Looking at the views of various sectors on the government's measures,245) farmers' groups
agree in principle with the direction of improving housing standards for migrant workers,
but demands follow-up measures such as postponement of implementation of the policy,
establishment of lodgings by the central and local governments, and improvement of related
244) Ministry of Employment and Labor Survey, Survey of Housing Conditions of Foreign Workers Under the Employment
Permit System and Recommendations for Improving Laws and Systems, Dec. 2021.
245) 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.
97
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