A migrant worker uses a grinder at a factory in Paju, Gyeonggi Province, in this Oct. 25, 2021 file photo. The National Human Rights Commission of Korea recommended, Tuesday, that the government protect the rights of unpaid migrant workers by no longer requiring labor officials to report undocumented workers to the immigration office for deportation. Korea Times photo by Lee Han-ho

The government should eliminate the requirement for labor officials to report undocumented foreigners to the immigration office for deportation, in order to safeguard the rights of those who are owed unpaid wages, the National Human Rights Commission of Korea said Tuesday.

In a statement, the commission said introducing such a measure would be crucial for protecting from exploitation migrant workers who are in the country unlawfully. Many of these workers avoid seeking government assistance for unpaid wages due to the fear of deportation.

This follows the commission's investigation into a metal-processing factory owner, who was accused by an undocumented migrant worker of failing to pay over 10 million won ($7,500) in wages.

The migrant worker, who was in the country without a proper visa, recently decided to leave due to health reasons. After not receiving the wages owed to him, he sought assistance from the regional labor administration. However, following the employer's report, he was subsequently detained by the police for violating immigration laws.

"There's a need to protect the rights of undocumented migrant workers like him during the investigations by labor officials," the commission said. "To prevent similar incidents, the National Human Rights Commission urges the Ministry of Justice to revise the rules concerning reporting obligations."

Under the immigration control law, all government officials are required to report cases of foreign nationals staying illegally in the country to the immigration office, which handles deportations. Exceptions include minors and victims of crimes, who are not subject to this reporting requirement.

The commission advises the ministry to include victims of exploitation — one of the most common issues among undocumented foreigners — among those exempt from the reporting requirement.

"The prompt recovery of the right (to receive back wages) is critical for migrant workers, as unpaid wages directly threaten the livelihood of workers as well as their families," the commission said. "If government officials continue to be obligated to report undocumented migrant workers, the risk of deportation could lead many to give up the redress process or to an increase in the number of employers seeking to exploit their vulnerable situations."

However, according to rights activists, even if the ministry complies with this recommendation, it is unlikely to lead to a significant reduction in such malpractices.

"That's because in many cases, it is the employer who reports the undocumented workers, not labor officials, to the immigration office," one activist told The Korea Times.

A commission official suggested that such workers could be permitted to remain in Korea on a G-1 visa, which can be issued to individuals undergoing medical treatment due to industrial accidents or those involved in legal disputes, among other circumstances.

But getting that visa is not easy for many migrant workers, particularly undocumented ones who are facing immediate risk of deportation, another activist said.

"Although the commission's recommendation should be welcomed, it is difficult for many to get that visa, which would not be approved unless there's an ongoing litigation," he said.