Filipino workers participating in a pilot program for foreign domestic helpers arrive at Incheon International Airport, Aug. 6. Yonhap

The number of undocumented foreign workers holding E-9 visas, designated for unskilled labor, has reached 54,800. Despite the government's annual deportation of thousands, the overall crackdown has proven insufficient, resulting in a steady increase in undocumented workers each year.

As Korea's reliance on foreign labor increases, experts are urging an immediate overhaul of the visa and employment management systems for foreign workers.

Data provided by Rep. Lee Geon-tae of the main opposition Democratic Party of Korea on Monday reveals that the number of foreign nationals who entered Korea on E-9 visas and subsequently became undocumented has consistently remained in the mid-50,000 range over the past three years.

The figures for each year are as follows: 55,171 by the end of 2022, 56,328 by the end of 2023, and 54,898 as of the end of August this year.

As of August 2023, there were 48,390 undocumented men, representing 7.4 times the number of undocumented women. The largest age group among these individuals was those in their 30s, who accounted for 48 percent of the total, highlighting the labor demands in industrial sectors.

The Ministry of Employment and Labor reports that the number of foreign workers entering Korea on E-9 visas reached 88,012 in 2022, increased to 100,148 in 2023, and totaled 58,319 from January to September of this year.

Despite efforts by the Ministry of Justice to identify and deport undocumented E-9 workers, the numbers remain concerning. The number of forced deportations rose from 1,261 in 2022 to 3,460 in 2023, and 2,726 by August 2023.

However, when compared to the total number of undocumented individuals, the deportation rate remains low at 2.3 percent to 6.1 percent.

As a result, the growth in undocumented workers exceeds the number of deportations, with a net increase of 4,617 undocumented individuals in 2023 and an additional 1,296 by August of this year.

The E-9 visa is part of the Employment Permit System (EPS), designed to link foreign workers with industries facing labor shortages, such as shipbuilding, construction, and manufacturing, where it is challenging to recruit domestic labor.

After the Ministry of Employment and Labor sets quotas for each industry, the Human Resources Development Service of Korea creates a list of potential workers from 16 countries, including Vietnam, the Philippines, and Thailand.

'Gateway to illegal immigration'

Applicants are mainly assessed on their proficiency in the Korean language, work experience, and technical skills. Foreign workers with employment permits are required to sign individual employment contracts with their prospective employers before arriving in Korea, and changing workplaces is prohibited for these workers.

However, the recurring trend of E-9 visa holders becoming undocumented has sparked criticism, leading many to view the visa as a “gateway to illegal immigration.”

For example, two Filipino women who entered Korea with E-9 visas to work as domestic helpers under a pilot program in Seoul were recently arrested in Busan after fleeing their accommodations during the Chuseok holiday. They were subsequently placed on the deportation list.

Experts argue that the core of the issue stems from insufficient oversight following their entry into the country. Once foreign workers arrive in Korea, it becomes the employers' responsibility to monitor their compliance with registered addresses and regular attendance at work.

If employers neglect to report any problems, authorities struggle to accurately monitor the workers' status. On the other hand, if employers exploit foreign workers — such as withholding wages or offering inadequate living conditions — labor authorities might remain unaware unless the workers report these abuses themselves.

Foreign workers harvest green onions in a field in Haean-myeon, Yanggu County, Gangwon Province, Sept. 25. Yonhap

Stronger post-entry management system

Critics within the labor community also point to fundamental flaws in the Employment Permit System. Since foreign workers are prohibited from changing jobs, many choose to remain in Korea illegally in search of better wages and working conditions.

At a recent nationwide migrant workers' rally near Seoul Station, Myanmar-born Win Zaw Soe shared his experience, saying, "Three of my friends were forced to work in a slaughterhouse at a pig farm, and the trauma of the job became unbearable. When they wanted to quit, they were not allowed to, so they eventually ran away and became undocumented workers."

But foreign workers on E-9 visas play a critical role in many sectors.

"The mismatch between actual labor demand and poor post-entry management is causing problems," Rep. Lee said. "The Ministry of Employment and Labor needs to focus on improving the working conditions and establishing a stronger post-entry management system for foreign workers already in the country, while the Ministry of Justice should enhance its capabilities to detect and apprehend undocumented workers, which is currently insufficient."

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.