Look, I agree that Korean immigration laws need revision, and many foreign workers are getting a raw deal. But I fail to understand how illegal immigrants who are residing in Korea illegally have the right to organize a labor union. And even if they did have that right, the government has the right to round them all up and sit their butts on a plane tomorrow, so what’s the point?
Sphere: Related Content-
Sponsored Links
-
English Books on Korea (and CDs and DVDs, too)
-
Visit My Brother's Film Review Site
-
Flickr Photos
-
Recent Comments
- bbundaegi on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- Pawi's conscience on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- Brendon Carr (Korea Law Blog) on Spiking English Teacher Costs, Cheap Gyopo the ‘Next Best Thing,’ and Throw the Sex-Crazed Pot Smokers Out
- Sonagi on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- swlee on Major earthquarke hits China
- Robert Koehler on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- gbevers on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- Linkd on Tragic Death in Daegu
- Iceberg on Tragic Death in Daegu
- r.rac on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- pawikirogi on Tragic Death in Daegu
- Johnson on Tragic Death in Daegu
- bbundaegi on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- Wren on Breaking News: Wayward Golf Ball Gives Kid Bloody Nose
- Sonagi on Spiking English Teacher Costs, Cheap Gyopo the ‘Next Best Thing,’ and Throw the Sex-Crazed Pot Smokers Out
-
Most Popular Posts
- So, This is Probably Why English Teachers Shouldn't Post Photos of Themselves with Club Chicks
- Lee Pani Releases More Photos
- Tragic Death in Daegu
- Candlelight Rallies are Back
- Open Thread #49
- Lee Pa-ni selected Korea's second Playboy model
- Cool Heads Prevail at the Chosun in US Beef Editorial
- Open Thread #48
- KoAm Housewives Warn Motherland Against US Beef
- Koreans have a "beef" against Korean-Americans?
-
Archives
-
Meta
15 Comments
I believe that the concept is usually referred to as “freedom of association.” Would you like a link to the wikipedia entry?
But what’s the point.
Beyond that, there is the fact that migrant laborers in Korea don’t just get a raw deal - there have been systematic efforts to prevent them from maintaining legal status. Most of them begin as legal workers and end up trapped by economics and inane immigration policies meant to force them out of the legal market so they can be more fully exploited. And to buy the idea that illegal migrants cannot form a union seems to stem from the idea that illegal residence equals no legal rights whatsoever. Unless they’re specifically denied that right by Korean law, it’s at worst a grey area and at best a true right until the law is changed to exclude them.
Actually, it stems from the idea that it seems a bit weird to allow the formation of a labor union by individuals that are not legally entitled to perform labor in the Republic of Korea. At best, that’s putting the cart in front of the horse.
Yes, Robert, but they ARE performing labor. Even accused and convicted criminals have rights under the law.
I’m not saying they don’t have rights. Nor am I apologizing for Korea’s immigration laws or migrant labor system. But yes, they are performing labor, which constitutes criminal activity, so doesn’t that make their labor union “organized crime?”
from the FBI:
“Organized Crime
The FBI defines organized crime as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities. Such groups maintain their position through the use of actual or threatened violence, corrupt public officials, graft, or extortion, and generally have a significant impact on the people in their locales, region, or the country as a whole.”
They are working illegally but do not use threats, violence, or corruption to carry out their work. Rather, undocumented workers are more likely to be on the receiving end of threats and violence.
Only the legal korean workers use threats, violence, and corruption to carry out their work.
I agree with figbash. It’s a step in the right direction, I think, given the choice, the migrant workers would prefer to be of a legal status and having the right to form unions is a step towards achieving this.
No one thinking that coming out into the open, grouping and identifying themselves will make it easier for the gov’t. to find and deport illegal immigrant laborers?
Marmot’s right, it’s putting the cart in front of the horse to allow unions when the workers have overstayed visas and are here illegally. Either grant them amnesty and then the right to unionize or boot them out.
It’s striking to notice that about two thirds of those blue color foreign workers are illegal aliens. Another sign of hopeless government.
Just what Korea needs, more unions…
Although even the illegal aliens should have the basic human rights, the right to work or the right to join the unions shouldn’t be among them.
Babarian,
I would think that identifying these “blue color” aliens shouldn’t be a major problem for the police.
Putting the cart before the horse is the only way to do it in this situation. The Korean labor system is really quite thrilled to have tons of illegal workers to be exploited, and the government is happy to oblige by keeping the legal system rigged to maintain such a situation. That being the case, allowing them to unionize seems like a very just move on the part of the judicial system (haha, fancy that!) in recognition of the fact that other branches of government are creating an untenable situation and allowing the first meager corrective measures to give migrant workers some voice. Besides, the actual criminality here belongs not only to the workers, whose illegality has a very passive element (overstaying a visa is not exactly a violent attempt to tear down the host society), but also of the industries that rely on the labor they can extract from the undocumented workers and the factories that hire them.
If the Korean government were really concerned with the problem (and it doesn’t seem like they are) there would be major crackdowns focused on the employers with real penalties. And frankly, the Korean government would also be entirely within its rights to round up every last illegal worker and deport them. This will never, ever happen though, lest someone somewhere have to pay a few won more for their clothes or machine parts. God forbid.
One Trackback
[...] post by The Marmot’s Hole and software by Elliott Back [...]