The National Human Rights Commission of Korea called for the government to come up with measures to protect seasonal foreign workers from abusive brokers.
In a statement released on Tuesday, the commission urged Korea's central and local officials to prevent any involvement of brokers in operating its seasonal labor scheme through which Korean employers recruit workers from overseas for short but busy periods.
The commission said the current system lacks a legal basis as well as central oversight that would better protect such workers, who are often exploited, tricked and abused by brokers — or “human traffickers” under Korea's antihuman trafficking law that bans forced labor.
This statement comes after a petition filed by a Filipino worker, who accused his broker of forcing him to work six days a week and 26 days a month at Korean farms and to pay illegal commissions, in violation of their work contract. The worker also said his passport was taken away by the broker without consent.
The commission accepted most of the worker's claims, saying the broker tried to keep tight control over the Filipino laborer and other workers by exploiting their legally vulnerable position as noncitizens.
“The victims in this case had no other option but to participate in the seasonal labor scheme through an agency run by the broker,” the rights commission said. “The broker tried to keep control over them by charging excessive commissions, taking away their passports ... Judging by all this, it is reasonable to say that they were victims of human trafficking.”
Moreover, the commission said the local officials involved in the case also failed in their task to protect the seasonal workers from such abuse.
Korea runs the Employment Permit System, through which employers recruit workers from 16 partner countries. But unlike this system, the seasonal labor scheme is run based on deals between involved local authorities instead of central governments.
For this reason, the seasonal program has been exploited by brokers, without whom Korean local authorities would not be able to recruit foreign workers promptly and stably, according to Lee Choon-ki, head of a support center for migrant workers in Gyeongju.
“Local authorities in many countries that send workers here through the seasonal program do not have a reliable system. That's why Korean local officials rely on brokers who know those countries well,” Lee told The Korea Times. “I think the officials know there are many issues regarding the operation of the program, but their priority is to find the workers fast.”
The rights commission acknowledged this problem and said the central government should play a bigger role in operating the scheme and there should be legislation to manage it more effectively.
Established in 2017 after a two-year experimental period, the seasonal labor program aims to mainly help Korean farmers and fishermen who struggle to find workers during their busy seasons. Under the scheme, migrant workers are given a permit to work for up to eight months.
Such workers plug a labor shortfall exacerbated by Korea's aging and shrinking population as they take on low-paid manual jobs many locals shun.
The Ministry of Justice's guidelines prohibit the involvement of brokers. But in practice, they play roles as middlemen to profit off of it in many cases.