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| Migrants and local activists protest near Cheong Wa Dae in Seoul in this May 7, 2020 photo, urging local governments to provide COVID-19 relief funds not only to locals but also to foreign residents. Yonhap |
This article is the last in a four-part series to highlight and address issues surrounding marginalized residents of foreign nationality who are living in legal blind spots in Korean society. ― ED.
By Lee Hyo-jin
The struggles experienced by foreign residents in Korean society are becoming more and more complex over time, as they face various challenges depending on their employment status, family environment and financial standing.
However, the government's policies on migrant support measures overall are focused on legal status, often failing to align with the actual needs of each migrant, according to immigration experts.
In many cases, whether or not foreign residents are eligible for a government support program depends on the type of visa they are holding, rather than the circumstances they are in, leaving many migrants seeking support in blind spots.
"Given that the needs of each migrant vary, the support system needs to turn into a socioeconomic need-based policy," Steven Hamilton, chief of mission for the Seoul office of the International Organization for Migration (IOM), told The Korea Times.
"The country should not unnecessarily allocate resources for people who do not require support from the government. Rather, the resources should be given to the needy regardless of legal status or nationality if a person stays long term," he explained.
Meanwhile, the state support programs targeting only specific migrant groups may adversely affect their integration into Korean society since it could stigmatize migrants as a "burden," with associated discrimination and hostility toward non-Koreans still commonplace.
"Such support measures that separate migrants from local residents often provoke a backlash among Korean nationals who view the policies as reverse discrimination," Yoon In-jin, head of the Korean International Migrant Studies Association, told The Korea Times.
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| Migrant workers wait in line to get a coronavirus test at a makeshift testing center near a construction site in Gyeongsan, North Gyeongsang Province, March 11, after the provincial governments ordered all foreign workers to get the test in an effort to prevent mass infections ― an order which caused controversy over racism and discrimination against them. Yonhap |
Therefore, instead of continuing to introduce separate welfare programs and operating support centers specifically for foreign residents, it is advised to gradually integrate them into the existing administrative system and welfare programs, Yoon said.
While revising migrant policies will be a long term task for the government in building an inclusive society, some issues regarding marginalized residents of foreign nationality in legal blind spots should be addressed immediately, experts noted.
To begin with, more freedom should be given to migrant workers under the Employment Permit System (EPS), which prevents them from changing jobs without the consent of their employer.
"There is too much power vested with the employers and too many instances where this power has led to exploitation of workers. Migrant workers should have the same rights to seek better employers without excessive proof needed," Hamilton said.
Yoon said, "Although migrant workers under the EPS are not permanent residents, it is the government's responsibility to guarantee their basic human rights during their stay in Korea. The labor authorities should thoroughly review the system and fix the rules if necessary, to better reflect the needs of employees. "
In addition, they urged the government to take a humanitarian approach on the issues surrounding undocumented children, who face deportation after graduating high school.
"Whatever mistakes a child's parents made to end up undocumented should not be passed down to the child. These migrant children are fully integrated in Korea and are well prepared to contribute to Korean society if given the chance," Hamilton said, adding that the government should find ways to retain them, within permanent pathways, for the best interests of the country, as well as the child.
As it could be difficult for the Korean government to immediately give the undocumented children legal status, Yoon suggested that it should at least come up with ways to provide aid through cooperation with civic groups.
In the case of single foreign parents who face hurdles in attaining stable legal status, Hamilton said, "Easier pathways to citizenship or permanent residence for divorced spouses with Korean children are clearly in the best interest of their children. These pathways need to be attainable, recognizing the difficulties of being a single parent."
