long-term stay are applied to study abroad, training, investment, sojourning
employees, and marriage, however, "employment" was not included although
it accounts for 31% of the foreigners who intends to reside in Korea.
11. While the Framework Act on Treatment of Foreigners Residing in Korea,
which prescribes basic matters relating to the treatment, etc. of every foreigner
residing in Korea, stipulates the treatment of marriage immigrants and their
children, permanent residents, and refugees, it does not specify the treatment
of non-professional immigrant workers who enter Korea via the Employment
Permit System (EPS).
12. The EPS is revised in time of the every expiration date of the immigrant
worker's employment activity period, allowing them to extend their stay up to
nine years and ten months, however, the "purpose of long-term stay"
stipulated in the Immigration Act and the "treatment of foreigners residing in
Korea" stipulated in the Framework Act on Treatment of Foreigners Residing
in Korea are not applicable to immigrant workers, thus making them excluded
from the government policy.
13. Meanwhile, article 9-1 of the Framework Act on Treatment of Foreigners
Residing in Korea stipulates fact-finding surveys on foreigners in Korea and
illegal immigrants, using the legal term "illegal immigrants." The use of such
term "illegal immigrants" could incur negative perceptions on the
undocumented immigrants or immigrants residing in Korea after their final
expiration date. Moreover, the term could result in the exclusion of foreigners
residing in Korea from legal and institutional protection, making them
vulnerable to the infringement of human rights, and in turn, bring about social
prejudice and hatred towards immigrants in Korea.
14. According to a 2017 big data analytics 3 of 10,000 tweets that used words
related with multicultural, foreigners, and immigrants, "Southeast Asia,
abasement, opposition, hatred, and deportation" were among the extracted
words related to immigrant workers while "less-educated, stupid, hate, and set
faces against illegal immigrants" were the terms used for illegal immigrants.
15. In July 2016, the NHRCK has expressed its opinion to reject the usage of the
3 Kim, Seok-ho (2017). Change of Perception of Koreans towards Immigrants . Collection
from 2017 Korea Immigration Society Symposium, 「The Direction of Korea’s Immigration
Policy: Unsolved Issues and Issues to be Solved」
4