09 May 2026
Foreign worker abuse scandals fuel pressure to revise Korea’s job transfer rules
Korea JoongAng Daily - Daily News from Korea
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This article is by Byun Min-chul and read by an artificial voice.
A migrant worker, employed at a furniture factory in Paju, Gyeonggi, requested a workplace transfer after suffering repeated verbal abuse, harassment and assault by a colleague.
His employer, however, threatened to file a defamation-related charge if he attempted to leave. With no viable alternatives, the worker remained at the same factory and continues to work there.
With cases of violence against migrant workers continuing to be reported across the country, calls are growing for a full overhaul of workplace transfer requirements under the foreign employment law.
The Ministry of Employment and Labor is expected to announce reform measures as early as the first half of the year, including steps to ease restrictions on job changes for migrant workers.
Under the current Act on the Employment of Foreign Workers, migrant workers may change workplaces only under limited conditions, such as lawful termination or nonrenewal of employment contracts, business suspension or closure or violations of working conditions. In all other cases, a workplace change requires the employer's consent along with approval from the Labor Ministry.
Migrant workers and advocacy groups have long argued that these stringent requirements make it difficult to report abuse, such as violence or verbal harassment.
"For migrant workers who are not fluent in Korean, it is extremely difficult to prove unfair treatment without any assistance," said Kim Dal-seong, head of the Pocheon Migrant Workers Center.
"In many cases, they are left with no choice but to give up and return to their workplaces despite the abuse."
Five migrant workers in 2020 once filed a constitutional complaint arguing that the law's restrictions on workplace transfers violated fundamental rights guaranteed by the Constitution, including the freedom to choose one's occupation.
The Constitutional Court, however, ruled the provision constitutional by a 7-2 vote, stating that if foreign workers were allowed to freely terminate contracts and change workplaces at will, "employers would face serious difficulties in securing a stable work force and maintaining smooth business operations."
But a series of recent violent incidents involving migrant workers once again triggered voices to guarantee greater freedom of workplace mobility, including abolishing limits on the reasons and frequency of job changes.
An incident occurred at a textile factory in Incheon, where a Bangladeshi migrant worker was allegedly slapped in the face by the employer, reportedly for "not answering calls" in April. The case is currently under joint investigation by the Labor Ministry, the Ministry of Justice and the police.
Earlier in February, a business owner at a manufacturing plant in Hwaseong, Gyeonggi, was arrested and referred to prosecutors on charges of serious bodily injury after allegedly using an air gun to strike the anal area of a Thai migrant worker.
"Because migrant workers cannot freely change workplaces, some employers feel they can safely engage in violence or harassment," said Choi Jeong-gyu, head of the migrant workers' team of the Lawyers for a Democratic Society, also known as Minbyun.
"Workplace mobility should be guaranteed, and a pilot program could be introduced in selected regions outside the capital area and any issues that arise could then be addressed through adjustments."
The Ministry of Employment and Labor is in the process of preparing countermeasures in response to such demands, emphasizing that the concerns of the business community, particularly small- and medium-sized enterprises that rely on skilled migrant labor, must be considered at the same time.
"Companies are reporting severe labor shortages, and there are significant differences of opinion among labor, management and the government," said Han Eun-sook, the director of foreign work force policy at the Labor Ministry. "We will review the issue and announce improvem...
A migrant worker, employed at a furniture factory in Paju, Gyeonggi, requested a workplace transfer after suffering repeated verbal abuse, harassment and assault by a colleague.
His employer, however, threatened to file a defamation-related charge if he attempted to leave. With no viable alternatives, the worker remained at the same factory and continues to work there.
With cases of violence against migrant workers continuing to be reported across the country, calls are growing for a full overhaul of workplace transfer requirements under the foreign employment law.
The Ministry of Employment and Labor is expected to announce reform measures as early as the first half of the year, including steps to ease restrictions on job changes for migrant workers.
Under the current Act on the Employment of Foreign Workers, migrant workers may change workplaces only under limited conditions, such as lawful termination or nonrenewal of employment contracts, business suspension or closure or violations of working conditions. In all other cases, a workplace change requires the employer's consent along with approval from the Labor Ministry.
Migrant workers and advocacy groups have long argued that these stringent requirements make it difficult to report abuse, such as violence or verbal harassment.
"For migrant workers who are not fluent in Korean, it is extremely difficult to prove unfair treatment without any assistance," said Kim Dal-seong, head of the Pocheon Migrant Workers Center.
"In many cases, they are left with no choice but to give up and return to their workplaces despite the abuse."
Five migrant workers in 2020 once filed a constitutional complaint arguing that the law's restrictions on workplace transfers violated fundamental rights guaranteed by the Constitution, including the freedom to choose one's occupation.
The Constitutional Court, however, ruled the provision constitutional by a 7-2 vote, stating that if foreign workers were allowed to freely terminate contracts and change workplaces at will, "employers would face serious difficulties in securing a stable work force and maintaining smooth business operations."
But a series of recent violent incidents involving migrant workers once again triggered voices to guarantee greater freedom of workplace mobility, including abolishing limits on the reasons and frequency of job changes.
An incident occurred at a textile factory in Incheon, where a Bangladeshi migrant worker was allegedly slapped in the face by the employer, reportedly for "not answering calls" in April. The case is currently under joint investigation by the Labor Ministry, the Ministry of Justice and the police.
Earlier in February, a business owner at a manufacturing plant in Hwaseong, Gyeonggi, was arrested and referred to prosecutors on charges of serious bodily injury after allegedly using an air gun to strike the anal area of a Thai migrant worker.
"Because migrant workers cannot freely change workplaces, some employers feel they can safely engage in violence or harassment," said Choi Jeong-gyu, head of the migrant workers' team of the Lawyers for a Democratic Society, also known as Minbyun.
"Workplace mobility should be guaranteed, and a pilot program could be introduced in selected regions outside the capital area and any issues that arise could then be addressed through adjustments."
The Ministry of Employment and Labor is in the process of preparing countermeasures in response to such demands, emphasizing that the concerns of the business community, particularly small- and medium-sized enterprises that rely on skilled migrant labor, must be considered at the same time.
"Companies are reporting severe labor shortages, and there are significant differences of opinion among labor, management and the government," said Han Eun-sook, the director of foreign work force policy at the Labor Ministry. "We will review the issue and announce improvem...