A migrant without proper documentation is interviewed by the Hankook Ilbo, a sister publication of The Korea Times, at the House of Sharing in Yongsan-gu, Seoul, in March. Korea Times photo by Wang Tae-sok

At the House of Sharing in Yongsan, Seoul, a center for the rights of social minorities, Mr. A, a 49-year-old Filipino undocumented migrant, often referred to as an illegal resident, said he could no longer endure the conditions at a textile factory in Seoul.

The working environment was hellish. He barely got any breaks, and the boss's insults and verbal abuse were relentless. The executives' scolding voices and angry faces were a constant source of stress for A.

No one chooses to become an undocumented migrant. Foreign workers lose their legal status the moment they leave their workplace without authorization. Rationally, he knew he should endure such treatment. While foreign workers can change their workplace if treated unfairly, they have to prove they were treated unjustly.

For Mr. A, who struggled with the language and lacked understanding of the system, this was an insurmountable challenge. However, surviving even one year was too difficult. After fleeing the factory, A became an undocumented migrant.

He tried his best to avoid getting caught. He found another job at a sewing factory, working night shifts from Monday to Friday to avoid daytime raids. The factory agreed to his schedule, but told him not to expect night shift pay.

"Even if my biological rhythm is disrupted and I don't receive night shift pay, it's better than the constant abuse from my previous boss," he said.

As President Yoon Suk-yeol declared Korea's shrinking population a national emergency, there is a growing consensus that immigration policies must become more accommodating. The government also announced plans to accept a record high number of migrant workers this year.

However, current systems fail to address the reality. The focus remains on weeding out undocumented migrants, with no measures in place to facilitate their stable settlement.

Experts warn that rigid policies contribute to the rise in undocumented migrants and diminish Korea's appeal as a destination for immigrants.

According to the Ministry of Justice, as of May this year, there were 415,230 undocumented migrants, making up 17.1 percent of the total foreign population of 2.43 million

This means one in six foreign residents is undocumented. There are currently more than twice as many undocumented migrants as the 165,000 new foreign workers the government plans to accept this year, all working in harsh conditions and hiding from authorities in order to keep making money.

Migrant workers are seen packing onions into onion nets at a farm in Changnyeong-gun, South Gyeongsang Province on May 29. Yonhap

Rigid policies and their consequences

The increase in undocumented migrants is often attributed to the inflexible immigration policies rather than solely to the individuals who fail to comply with the law.

One of the most criticized aspects is the Employment Permit System (E-9 visa), the most common type of work visa. This system severely restricts the number and circumstances under which a worker can change jobs.

Under this system, foreign workers are allowed to change workplaces only three times in the initial three years and only twice in the subsequent one year and 10 months of reemployment.

Moreover, changes are permitted only if the employer terminates the contract or the worker can directly prove unfair treatment. Many foreign residents, like A, become undocumented because they cannot prove the unfair treatment they received.

Language barriers and a lack of understanding of the system make it challenging for them to seek help, even when facing long-term issues like unpaid wages.

Choi Jeong-gyu, a lawyer who has been advocating for the rights of migrant workers, said, "It's not easy for migrants, who are often not fluent in the language, to prove their poor working conditions themselves. The current system contributes to the increase in undocumented migrants."

Even those holding the relatively stable E-7-4 visa for skilled workers face similar issues. The stringent and inflexible requirements often push them into undocumented status, forcing them to leave Korea.

To extend their stay, E-7-4 visa holders must earn at least 26 million won annually and score 52 points or more in the industrial value contribution category.

Mr. B, a 29-year-old from Nepal, held this visa but became undocumented when he couldn't work during a job change because his employer refused to provide a transfer agreement. Consequently, he missed the score needed for visa extension by just 3 points.

Despite working over 12 hours a day without holidays in a pig farm for 2.2 million won a month, and even working the day he was discharged from surgery, B found himself abandoned by the system.

"The most heartbreaking thing is that I can no longer bring my wife to Korea," he said. "I fear going to the local pharmacy for cold medicine because I might get caught."

Others became undocumented due to legal disputes. Mr. C, a 34-year-old from Cambodia, lost his legal status while suing his employer for unpaid wages.

In some cases, company mistakes lead to undocumented status.

For example, a 29-year-old from Bangladesh became undocumented because his employer failed to report his visa extension on time.

Despite emphasizing that it wasn't his fault and promptly notifying the employment center, the government refused to rectify his status, stating it didn't qualify as a special circumstance.

An interview is being conducted with Mr. B, an undocumented migrant from Nepal, right, via video call on the social networking service Facebook, May 22. To ensure an accurate explanation of the situation, a migrant worker from Nepal, left, assisted with translation. Captured image

Daily struggles of undocumented migrants

Undocumented migrants live in constant fear of deportation.

A Mongolian in his 40s who works for a moving company said he avoids subways due to frequent raids and opts for longer bus rides.

A Filipina domestic worker in her 40s said she endures the stress of hiding her status even when her children come home from kindergarten with bruises.

Our society is facing a contradictory situation where one side is trying to expel foreigners, while the other is desperately trying to bring in new foreign workers.

This raises the question of whether it is just and fair to expel people who have done nothing wrong, prompting calls for deep societal reflection.

Lee Han-sook, director of the Migration and Human Rights Research Institute, criticized the current policy of cracking down on undocumented migrants while seeking new labor as contradictory. She emphasized that reorganizing the system and internal conditions should be a priority.

The Anti-Corruption and Civil Rights Commission also recommended easing the conditions for changing workplaces or obtaining reemployment permits. This change aims to protect the rights of foreign workers and optimize their utilization.

Earlier this year, the commission recommended improvements in the Employment Permit System (E-9) to the Ministry of Employment and Labor.

There are also calls to strengthen relief measures for migrant workers who have lost their residency status.

Jung Young-seop, an official at the Migrant Workers' Equality Alliance, criticized the lack of systems to provide relief for migrant workers who miss the reporting deadlines for workplace changes or extensions of stay due to reasons beyond their control. He highlighted the need for measures such as substituting fines in these situations.

Lee at the Migration and Human Rights Research Institute also pointed out that many have become undocumented because they couldn't find a job within the three-month job-seeking period.

She called for an amnesty for those who exceeded this period due to unavoidable circumstances.

A group of migrant workers hold a rally calling for the freedom to change workplaces on April 30, 2023. Newsis

This article from the Hankook Ilbo, a sister publication of The Korea times, is translated by a generative AI and edited by The Korea Times.