Last year, a university professor in Gangwon Province was found to have manipulated the attendance records of 112 international students from Vietnam, Mongolia, and Uzbekistan 182 times and was referred to the prosecution. The international students received residence extensions and permits for changes in their status based on the falsified attendance confirmation, all violating the Immigration Control Act.
The study abroad agency that had a partnership with this university also facilitated illegal employment for international students. The university professor was sentenced on the 3rd of this month to ten months in prison, suspended for two years, on charges of obstruction of public duty and violations of the Immigration Control Act.
As domestic universities face challenges due to frozen tuition and decreased applicant numbers, they actively accept international students, while cases of illegal employment by individuals coming in on student visas are increasing. Unlike universities in the metropolitan area, which have a relatively diverse nationality among international students, regional universities have a higher proportion of students from developing countries. Most foreign students enrolled in regional universities are said to cover their tuition and living expenses through part-time jobs.
On the afternoon of the 24th of last month, in a large restaurant located on the first floor of a commercial building in Daegu. True to its reputation as a well-known Korean buffet, the restaurant was packed with customers coming in for lunch. Among dozens of customers, youthful-looking female staff members, who appeared exotic, were busily moving around. They were identified as Vietnamese international students attending universities in Daegu and Gyeongbuk regions.
A middle-aged staff member, appearing to be a senior employee, said, "In the provinces, young people are already scarce, and many of these individuals have high salary expectations and tend to avoid difficult jobs like restaurants. Foreign international students are filling the gaps left by domestic workers."
As the United States strengthens investigations into forced labor practices in Asia, there are calls to enhance management of foreign workers in Korea, with international students being pointed out as a weak link in illegal employment.
The United States can prohibit the import of products if it confirms facts that can be viewed as forced labor, such as ▲exploitation of vulnerabilities ▲fraud ▲refusal to pay wages ▲excessive overtime. Such forced labor often occurs among illegal workers.
According to the Ministry of Justice, activities for profit and employment by foreigners holding study visas (D-2 visa) and general training visas (D-4) are generally prohibited, but simple manual labor at the part-time level is allowed on a time-bound basis. To work part-time, one must submit an admission letter, proof of enrollment, and Korean proficiency test scores to the Ministry of Justice for approval. Employment for international students is restricted based on their bachelor's program and Korean language proficiency.
International students enrolled in Korean language training courses can work 20 hours a week if their Test of Proficiency in Korean (TOPIK) score is level 2 or above, and 10 hours if it is below level 2. For those in associate and first and second year bachelor programs, if their TOPIK score is level 3 or above, they can work 25 hours a week; otherwise, it is limited to 10 hours.
Students in their third and fourth years of a bachelor's program must obtain a TOPIK score of level 4 or higher to be permitted to work 25 hours a week, while graduate students can work up to 30 hours. Students in associate degree programs or higher, if they meet the required level of Korean, have no restrictions on working hours during weekends and vacation periods. Recently, students whose attendance rate falls below 70% or whose average GPA is C (2.0) or lower in the current semester cannot work part-time.
Though the regulations are strict, according to foreign international students and the employers who hire them, this standard is rarely adhered to in practice. If an international student works at multiple places, employers find it difficult to know the total hours worked, and international students often want to work more hours than allowed. Additionally, most of the places where international students work are restaurants and convenience stores, making it challenging for the supervising authorities to manage and supervise them thoroughly.
According to the Ministry of Justice, as of the end of 2023, the number of international students who received part-time work permits was 21,437, accounting for only 9.5% of the total number of international students. There are indications that it is rare for foreign international students to properly adhere to the employment permit process.
Many international students work in fields outside the permitted occupations. According to current law, the types of work international students can engage in are limited to simple manual labor, such as in restaurants and convenience stores. International students cannot be hired in construction sites, delivery services, or factories. However, as international students seek higher wages and businesses face labor shortages, illegal employment is rampant in regulatory blind spots.
A representative from a local university, speaking on condition of anonymity, said, "During the COVID-19 pandemic, many foreign workers left Korea, leading local small and medium-sized enterprises to experience severe labor shortages. At that time, many businesses hired international students to evade oversight, and I understand that there are still many places trying to fill labor shortages with international students."
The number of foreign international students caught in illegal employment was below 500 annually until 2021, but it has shown a sharp increase, reaching 948 in 2022 and 1,306 in 2023.
Some universities have been caught allowing or assisting illegal employment by professors or school officials to attract more international students. Last year, a professor and staff at a university in the provinces were referred to the prosecution on charges of issuing false attendance certificates for 523 international students from July 2021 to April last year.
A professor at a private university in Seoul said, "We accept international students due to the school's finances, but most of the students work part-time, so they hardly study." Another university official mentioned, "With the influence of the Korean Wave, more international students want to learn about Korea, but there are many students who come in on student visas with the intention of earning money."
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