Business sites that delay wages or violate laws related to labor safety will no longer be able to hire foreign workers.
The Ministry of Justice said on the 19th that it prepared a partial amendment to the Enforcement Rule of the "Immigration Act" and will give advance notice of legislation for 40 days to protect the human rights of foreign workers.
In Feb. last year, at a brick factory in Naju, South Jeolla Province, an employee tied a 32-year-old Sri Lankan national, identified as A, who had entered under the Employment Permit System (E-9 visa), to a forklift and mocked the person. The enforcement rule amendment is a follow-up to the "measures to address delayed wages for foreign workers" reported to the Cabinet meeting in the wake of this incident.
The amendment to the Enforcement Rule of the Immigration Act expands the requirements for restricting employers from inviting foreign workers. Currently, a sentence of imprisonment or heavier is required for restriction, but going forward, an employer sentenced to a fine of 5 million won or more for violating the Labor Standards Act will be barred from inviting foreign workers for three years. Employers publicly listed for delayed wages will also be restricted from invitations.
Employers who receive a sentence of imprisonment or a suspended sentence, or a fine of 5 million won or more, for violating the Occupational Safety and Health Act or the Serious Accidents Punishment Act will be restricted from employing foreign workers for 1 to 3 years, depending on the severity of the violation and the outcome of the harm.
However, the period of restriction on inviting foreign workers may be determined in consideration of the severity of the employer's violation, the risk of recidivism, and efforts to remedy the harm.
Jung Sung-ho, Minister of Justice, said, "This amendment will provide robust protection for foreign workers from risks such as assault, habitual delayed wages, and industrial accidents," adding, "By inducing employers to fulfill their obligations to pay wages and implement safety measures, it will help create a safer working environment for both the public and foreigners."