A person from the Philippines entered Korea as a seasonal worker in 2019 at the invitation of his sister, who is married to a Korean. He was supposed to return to the Philippines after working for five months, but he stayed in Korea illegally. While he could earn about 15,000 pesos (approximately 365,000 won) a month in the Philippines, he could earn five to six times more than that even at minimum wage in Korea.
As the number of multicultural families has recently increased, the issuance of visas to invite the families of marriage immigrants as seasonal workers has surged. Family invitation visas are designed to invite the families of marriage immigrants with ties in Korea to help alleviate labor shortages in rural areas while reducing the dropout rate of foreign workers. The rationale is that the likelihood of dropping out decreases if family members are nearby. In fact, the dropout rate for seasonal workers (the ratio of dropouts to participants) decreased from 17.1% in 2021 to 1.6% last year.
However, the entry procedures for family-invited seasonal workers are relatively lax, leading to an increase in illegal entries. The foreign seasonal worker system primarily includes two methods: one is municipalities establishing business agreements with foreign municipalities to bring in workers (E-8-1 or E-8-3 visas), and the other is foreign residents in Korea inviting family members from abroad (E-8-2 or E-8-4 visas).
Municipality-invited workers have their documents reviewed by the municipality, but family-invited workers have their employers' opinions heavily considered. Hence, brokers with connections to employers can easily bring foreign workers to Korea.
A representative from an immigrant organization said, "The number of seasonal workers entering Korea through family invitations is rapidly increasing. It is becoming a new source of income for illegal brokers, highlighting the need for thorough oversight." According to the Ministry of Justice, as of the end of June, there were a total of 46,748 seasonal workers staying in Korea. Among them, the number of workers who entered through family invitations was 25,218 (54%), surpassing the municipal memorandum of understanding (MoU) figures of 21,530.
Family-invited seasonal workers go through a procedure where a marriage immigrant recommends family members or relatives from their home country to the relevant municipality. Although recommenders can suggest to municipalities outside their residence, most municipalities do not allow the invitations of family members or relatives of marriage immigrants from other regions. Essentially, only family members or relatives from the home country of the marriage immigrant residing in their area are allowed to work.
If the invited family leaves the area, the recommender is banned from making recommendations for a year according to the regulations of the seasonal worker program. If detected, the departing workers are forcibly expelled, and re-entry is prohibited.
However, brokers are manipulating documents, such as falsely reporting the marriage immigrants' addresses, in order to connect employers and workers. The current immigration control laws stipulate that if a foreigner staying in Korea submits forged documents when applying to change or add their workplace or change their residency status, they may face imprisonment for up to three years or fines up to 30 million won.
They even create false required documents. To enter as a seasonal worker, one must have a certificate proving they have worked in agriculture or fisheries for over a year in their home country, or possess agricultural or fisheries technical qualifications or diplomas. A broker affiliated with an administrative office remarked about the proof documents, "It's no problem if the person wanting to enter takes a photo against a background of a rice field or farm."
Seasonal workers who enter Korea through brokers pay money under the pretext of commission fees. In the case of a foreign worker, referred to as B, who approached an immigrant organization, B entered on a family invitation visa and paid a total of 2 million won in commission fees to the broker, paying 400,000 won each month for five months. B also deposited 200,000 won each month to the recommending relative (marriage immigrant). Additionally, B paid fees to the administrative consultant hired for document processing.
Foreign workers burdened by excessive commission fees may fall into illegal immigration to earn more money. Moreover, working illegally makes it difficult to deal properly if the place of work differs from the contract conditions or if overtime pay is not provided.
Illegal foreign workers face increased risks of exploitation, fraud, harsh living and working conditions, intimidation and threats, physical violence, wage denial, and excessive overtime, leading to a higher likelihood of forced labor. Recently, the United States has strengthened investigations into forced labor practices, and products or agricultural and fishery products produced by foreign workers subjected to forced labor may face bans on exports to the U.S.
The Ministry of Justice strengthened the criteria for family-invited seasonal workers last year. Previously, a marriage immigrant could recommend up to 20 seasonal workers within the fourth cousin limit, but beginning this year, it has been restricted to 10 within the second cousin limit (including spouses).
Moon Gil-joo, director of the Jeonnam Labor Rights Center, noted, "Not only professional brokers but also some marriage immigrants are transforming into brokers for family invitations," adding, "As the number of people working as seasonal workers increases from other regions, the cases of victimization are also rising." He suggested, "We should establish verification procedures regarding the residence and expense of recommenders during labor participation to prevent broker intervention."
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