Solomon, an illegal immigrant from the Philippines, worked at a factory in Yongin, Korea, from 2014 until he left in November of last year. He did not receive approximately 50 million won in retirement pay and annual leave allowances and filed a wage debt complaint with the Gyeonggi branch of the Ministry of Employment and Labor.
In April, after completing an investigation as a complainant, Solomon was arrested by police who responded to a report under the Immigration Control Act. The police did not disclose who made the report; however, he said he heard from a company official that they would report him if he appeared at the labor office. He believes that a former workplace official reported him to the police.
After staying for three months at a foreigner protection facility in Hwaseong with the help of a civic organization, Solomon paid a deposit of 6 million won and received a temporary release from protection, now living at a shelter in Yongin. He noted, "Most of the people who get caught tend to forfeit their retirement pay and return to their hometowns. Since it's a facility isolated from the outside world, there's nothing I can do to receive my retirement pay while being in an illegal immigrant status."
The head of the Migrant Rights Cultural Center for All said, "I never imagined I would be arrested while going to receive an investigation for wage debt. There are many employers who abuse reporting to their advantage."
As cases have increased where employers report illegal immigrants to avoid paying wages, retirement pay, and allowances, the government has begun devising measures.
President Lee Jae-myung said during the Cabinet meeting on the 2nd regarding wage debts involving foreign workers, "They say some intentionally withhold wages because if these people are forcibly deported, they'll be able to cheat them forever. We must not just throw them out because they were caught as illegal immigrants."
He further commented, "Employers seem to be reporting it with that in mind. Withholding wages and reporting to force their deportation is embarrassing the country," adding that, "It seems we should consider allowing foreign workers who have had their wages withheld to remain until they receive their pay, even if it takes time for the trial."
The Ministry of Employment and Labor issued a corrective order to Solomon's former company to pay 29,759,234 won within 14 days after retirement. Solomon, who has yet to receive his retirement pay, is living at a shelter for foreign workers in Yongin while filing a civil lawsuit against his former company with the help of civic organizations.
It is reported that this company employed other illegal immigrants aside from Solomon. Apart from Solomon, most have either forfeited their retirement pay and left the company or returned to their hometowns.
The spokesperson said, "Many unregistered workers are often unable to receive wages and deported as trials are prolonged, even though they have received temporary release measures. A policy is needed to allow foreign workers who have received protection release due to wage debt to reside and work until the trial is completed, ensuring their livelihoods during the trial."
On the 3rd, the Ministry of Justice announced that it would include foreign workers in the 'notification obligation exemption' category by amending Article 84 of the Immigration Control Act. The current Article 84 of the Immigration Control Act requires that "If a national or local government official learns of a foreigner's illegal stay in the course of performing their duties, they must notify the head of the local immigration office or foreigner affairs office."
Due to such regulations, the government reports that foreign workers have been hesitant to report wage debt cases, as doing so could reveal their illegal status and lead to forced deportation.
Starting from the 4th, the Ministry of Employment and Labor plans to select business sites with a high number of foreign workers and vulnerable labor management for inspection of compliance with labor laws and to primarily check for wage debts. In particular, it plans to conduct investigations promptly to prevent cases where foreign workers who have not received wages are forcibly deported.
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