meals, and nature of work. Migrant workers should be given sufficient
information on their working conditions before their arrival in Republic of Korea.
In reality, however, factors such as the relevant authorities’ loose supervision,
improper administrative procedure, language barrier, etc., stand in the way.
B. Domestic/International norms and realistic cases in major countries
Contents
Domestic
norms
- Regarding the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of Aliens’
Status) of the Constitution and Article 4 (About Foreigners in Republic
of Korea) of the National Human Rights Commission Act apply.
- Concerning the obligation of providing information to migrant workers,
please refer to Article 14 [this clause requires an employer to orient
workers on the purport of the Act -- by posting or keeping it at a place
readily accessible to workers -- and also applies to migrant workers;
efforts should be made to improve the situation considering problems
including language barrier] and Article 17 [employer’s obligation to
include working conditions, including wages, in an employment
contract] of the Labor Standards Act.
- For the stipulation of the obligation for the provision of information,
please refer to Article 10 [this clause designates the form of marriage
brokerage contract, along with the contents to be included in the
contract; it also obligates a marriage broker to explain the contents of
the contract to users in detail] and Article 10-2 [this clause designates
the personal information to be provided to international marriage
brokers] of the Marriage Brokerage Business Management Act.
- Concerning the language barrier problem in the provision of personal
information, please refer to Article 9-3 [this clauses stipulates that, in
the provision of interpretation/translation service to a migrant,
international marriage brokers should use the migrant’s mother tongues]
of the Enforcement Rules of the Marriage Brokerage Business
Management Act.
Part 1. Stronger protection of migrant workers’ human rights
7