This file photo shows the building of the National Human Rights Commission of Korea in Seoul. Courtesy of National Human Rights Commission of Korea

The government has refused to strengthen the rights of undocumented foreign workers to receive overdue wages, arguing that doing so would undermine Korea's immigration control system and that these rights are already protected under existing regulations.

According to the National Human Rights Commission of Korea, Tuesday, the Ministry of Justice did not accept its recommendation to eliminate the requirement for all government officials to report undocumented workers to the immigration office while taking legal action over unpaid wages.

By law, all officials are required to report non-Korean residents who are staying illegally in the country to the immigration office for deportation, except in certain cases, such as children attending school and victims of state-designated serious crimes.

"The system of reporting exemptions was introduced to protect undocumented victims from rights violations or crimes, who may hesitate to report their cases (to the police) due to the fear of deportation. However, the issue of overdue wages is merely a financial matter between creditor and debtor and does not constitute a human rights violation or a serious crime," the ministry said in a statement sent to the commission.

The ministry noted that all undocumented foreign nationals, except for such victims, need to be reported in order to help establish law and order. It also said that changing administrative rules is not necessary, as individuals owed unpaid wages are not immediately deported and are given more time to remain in the country during which they can take legal action to resolve their cases.

The commission made the recommendation on July 26, 2024, stating that including overdue wages in the list of crimes subject to the exception policy would be crucial in better protecting undocumented foreign workers from exploitation.

The recommendation followed the commission's investigation into a metal-processing factory owner accused by an undocumented foreign worker of failing to pay over 10 million won ($7,500) in wages. The worker sought assistance from the regional labor administration to receive the money before leaving the country. However, after the employer reported the worker, the individual was later detained for violating immigration laws.

Thanks to immigration officials who allowed him to stay here longer to take necessary legal steps, the worker eventually received all the money. However, the human rights commission came to the conclusion that there should be rule changes to effectively prevent a recurrence of such cases.

In response to the ministry's refusal, the commission stated that the current rule is insufficient to protect foreign workers in such instances.

"Foreigners taking legal and administrative steps over unpaid wages are subject to receive G-1 visas. But in principle, with that visa, they cannot work," the commission said. "It would be very difficult for them to take the proceedings necessary (over unpaid wages) when their right to live is under threat (due to financial reasons)."

The commission said that, for many workers, the issue of unpaid wages is a serious violation of the law that could threaten their livelihood, urging the ministry to be more proactive in promoting and protecting their rights.

According to the latest data from the ministry, the number of foreign nationals living in Korea as of December 2024 stood at 2.65 million. Of these, an estimated 397,000 were undocumented individuals, a significant increase from around 200,000 just a decade ago.