ASIAN WORKERS NEWS May 1, 2013
NO. 312
[AWN FOCUS]
Labor Ministry officers should also be exempted from obligatory reporting on undocumented migrants According to the recently reformed immigration regulations, some public servants such as police officers, are exempted from the obligatory report on undocumented migrants. However, The labor inspectors of the Labor Ministry and Maritime Affairs and Port Administration are not exempt, so that it may cause some human rights violations against undocumented migrants. The obligatory report by public servants means that they should report personal information immediately to the immigration office when they found an undocumented migrant according to the Article 84 of the Immigration Law. According to the immigration law which came in effect from the March 1 this year, prosecutors, police officers (including maritime police), those who are included in the exemption are public servants of elementary, middle and high schools, public servants of public medical institute and officers of the National Human Rights Commission. The problem is that the public servants of the Labor Ministry and Maritime Affairs and Port
Administration are excluded from it even though they deal with the unpaid wage for the migrant workers many times.
Actually, a Cambodian, an undocumented migrant went to Busan Bukbu Labor office with his colleague to help him get unpaid severance pay and got deported
Even if you are undocumented, you should report it when you are a victim of a crime. The
due to the report by his employer. And an Indonesian migrant who submitted a petition for the unpaid severance pay had to accept lower amount of money
International
Police
Task
Force of the Daegu Regional Police Office indicted Mr. A (male, 44), manager of a car parts manufacturer
for his severance than what he should
in
have
suspicion that he assaulted physically Miss D (female, 22) from the
been
paid
because
the
labor
inspector asked him just to call and not to visit the office.
Accordingly, NGOs for human rights of migrants said, “The law is actually bad law if it violates the basic labor rights of undocumented migrant workers and makes the labor inspectors not do their job properly, which relieve the rights of workers. As soon as possible the exemption should also be applied to public servants of the Labor Ministry and the Maritime Affairs and Port Administration.”
Daegu
without
detention,
in
Philippines using the fact that she was undocumented. She got injured, which needed about 4 weeks treatment after being beaten on the face and other places by him in an excuse that she didn’t follow his instruction. Mr. A exploited her fear of being deported from which she wouldn’t report it to the police. But the police got report on the crime. As the immigration law was reformed like the above mentioned, the police is not to report it to the immigration
On
14th
April,
Busan-Kyoungnam Myanmar
migrants
community held the <Thingyan
Water
Festival> for welcom -ing Myanmar new year
and
blessing
each other. Also Cambodia, Nepal, Thailand communities held
new
year
festivals nationwide. photo : Toe Thu Ya
office. A speaker from NGOs for human rights
of
migrants
said,
“The
undocumented should report a crime when he or she is the victim of the crime more actively because he or she is apt to be a victim of a crime. In case that he or she comes to be handed over to an immigration office, he or she should raise the issue by reporting it to an NGO nearby.
ASIAN WORKERS NEWS
WORKER'S VOICE
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2
Treat us like Korean Crew! We are also Humans!”
“
*We met four Chinese crew with E-10 visa working in Busan and listened to what they wanted to say. It is the second part of their dialogue.
“National Pension - Not Refunded, Salary Account - Never Seen”
And the captain told me to get off the ship if I don't want to work on the ship. While I was packing my Wang: The more we talk, the more unfair stories we have. belongings, the ship set off. So, I jumped out of the Putting lower salary and compensation than that of ship leaving my things behind. I told the managing undocumented migrant workers, national pension is agency that I wanted to work in another company. also the same case. Other crew with other But they didn't allow me to do so because it was nationalities and Chinese workers with different visa difficult to recruit people for two-boat trawls. As a can get their national pension back when they go result, I took another ship of the same company. back home. Why can't we? Some companies do not Everything is like that! Unless improving the working deduct national pension from workers' wages, but my conditions for legal crew, we all will become company does. There is no way I can know how undocumented. It's not us to become undocumented, much is deducted for national pension. but the government make us do so. Sang : Right! I don't even desire for refunding, but why are only we crew with E-10, excluded. It's unfair. I've Seo: I have to pay for renewal before going back home because my 5-year contract ends. My company will never heard of explanation on national pension or pay 1.7 million won and I have to pay 3.4 million seen any related documents. won to the managing agency. I know it is illegal, but Yang: What's more, we should hold our passport and I have to pay. But I'm still worried that I will not be bankbook because we are their owners, but why does able to come back even though I pay the money. If the company keep them? I heard that I can solve this so, to whom I have to contact? problem if I report it to Maritime Affairs and Port Administration. But I have no idea how to report and “We hope to be treated like Korean crew” will it really be solved when I report? I don't know Sang: Apart from these problems, I hope that one thing who can inform us of these kinds of matters. will be changed. Raise in salary! If possible, I hope to Sang: So is Retirement pay. When I first arrived in Korea, after be treated like Korean crew. We work more than one-year working retiring allowance was 900,000 won. Korean crew, and our work is way harder. And it's still the same. I didn't retire, though, they pay me retirement pay of 900,000 won once a year. Though Wang: Even a cook on the ship receives dividend of more than 20 million won during non-fishing period if we have a my monthly wage is 1.2 million won. huge catch of fish. We work harder with no dividend. Wang: I've never seen my bankbook for wage. After setting sail Sang: I don't expect the same treatment, but I hope at least we come ashore shortly to sell caught fish not in similar one. I'm a worker not a slave. I'm not sold to Busan but on Jeju Island. So, I have no way to check company. Treat me as human being because I'm a human! my bankbook which is kept in our office. Whenever I Seo: Anyway, I'm happy because I'm going home a couple want to remit some money to my family in China, I days later. I'm worried about how to solve this and ask my captain with the paper signed with my that problem and about my future. But I'm so happy signature. Then, my office sends to my family. But the to go home. I miss my mom. exchange rate differs every time, so I don't know Wang: We take break from fishing from the end of April. I whether they send exact amount of money I ask for. want to go home as soon as possible. But I feel heavy “Paying 5.6 million won for no service from managing agency” when I think of what I have face to after coming back to Korea. I hope there is a place where I can contact in Seo : When I have a problem, I'm supposed to contact a Chinese at any time when something happens to me. There managing agency. In reality, when I called they didn't is no interpreter even in police station. They say if I sign answer the phone nor did visit me. I don't know my signature, I'll be free to go home. But I can't because I where this agency is. But they never fail to contact us don't know what for I sign. When I get an accident, it is when we have to renew after three-year work or too complicated to get help. when they have some money to receive from us. When extending my contract, I paid 3.6 million won Seo: Nothing will be changed right now. However, it's good to talk about it with you. On ship I hear only in 2011 and 2 million won in 2012 to the agency, swearing. But here are people to whom I can talk to but I don't know whether it is legal or not. and who listen to me. It also makes me happy. I wish Wang: I once jumped into the sea. I couldn't endure this job you all safe journey back home. And have a good anymore. I came out for smoking after working in time with your family. See you again! cold storage. Then a Korean crew knocked the cigarette from my hand, saying, "Don't smoke and go *Special thanks go to four interviewees for their frank talks back to work in the storage". I fought against him, and to Dandan for her interpretation. AWN but I was beaten by three Korean crew.
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3
The First National Camp for Migrant Activists
junior
high
school,
but
NEWS BRIEF
May 1, 2013
her
parents
Nigerian
are
undocumented. So she got a notice that she is not able to enter high school because she doesn't have a foreigner registration number. The human rights legal group, <Gonggam> found out
an
instruction from the Academic Manual for Multicultural Students
made
by
the
Ministry
of
Education.
The
instruction says that any migrant children are able to enter high school regardless their parents are undocumented. Finally, Ms. B
could enter high school one month later
The First National Camp for Migrant Activists was opened
than other students. However, since the manual is just an
at Daejeon Catholic Youth Education Center from March 16
inner instruction of the department and has no legal
to 17. The theme of the camp was "Migrant Workers, with
binding force, undocumented children may not be able to
Our Voice" and 62 migrants attended from 12 Asian
enter higher school depending on the school principal's
countries.
decision. Therefore, human rights groups argued that the
The first day, they had a getting-to-know each other time with dinner and recreation, and then migrant workers had presentations
about
their
regional
community
related
law should
be made soon.
(Yunhap News/
2013-3-31)
activities.
During the presentation, all participants from many countries
Only 24% of Korean Chinese holding Technical
could share and learn a lot of their community activities
License and F4 Visa Hired
throughout discussion all together.
Since last April, Korean Chinese with technical license
The next day, they had group discussions. The topic of the
have been given F4 Visa. But there is an argument that
talk was about the problem of Korean migrant labor policies,
the act may produce a lot of undocumented stayers. F4
its
Visa holders are allowed to work without limited stay
solutions,
and
migrant
workers'
role
to
solve
the
problems. Even after the gathering, they will keep having regional
migrant
activists
meetings
in
Gyeonggido,
Daegu/Gyeongbuk. AWN
period and are not allowed to do simple labor. The problem is that F4 holders with technical license can hardly get a job. In fact, the Institute of Migrant Policy for Ethenic Koreans showed that
they conducted a
"Undocumented Workers' Children Should Go to School"
research on 61 Korean Chinese holding F4 Visa and only
-NGO working for its legislation.
24% (15 people) were hired. The rest of them are illegally
There are 20,000 children who were born to undocumented
hired or unemployed.
workers and haven't had any foreigner registration numbers
The institute asserts, "The government should intervene in
yet. In order to protect the children's rights, human rights
the technical schools that take advantage of Korean
groups tried to make a law for them. Human rights groups
Chinese's vulnerable situation only to make money. And
like <Gonggam> and <Save the Children> announced that
they suggested that Korean Chinese get some technical
they will make a bill called "Migrant Children Rights
education directly related to job site, not just for getting a
Protection Act" and propose it in April or May through Bak
license at some technical schools.
Young-sun, a member of National Assembly.
Therefore, the Ministry of Justice will let some technical
The bill includes the fact that migrant children who were
schools have a voluntary registration system. Technical
born in Korea should be able to be naturalized or get a
schools that want to accept a voluntary registration system
denizenship regardless their parents are undocumented and
can apply for Supporting Group for Ethenic Korean
have compulsory education until junior high school.
Education, and migrant Koreans can use the schools with
For example, Ms. B was born in Korea and graduated from
priority. (Yunhap News/ 2013-04-09)
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ASIAN WORKERS NEWS
Information
Counseling How can I get the‘Return cost insurance(귀국비용보험)’?
Tax Paid by Migrant Workers and Tax Report
By Toe Thu Ya (SOMI counselor)
By Bae Su-mee (SOMI Staff) Income tax: Tax that workers who get monthly payment have to pay the government every month (about 2% of salary, but it depends on business) Residence tax: Every worker who gets monthly salary has to pay tax to each regional government. (10% of Income tax) Tax report: After accounting your total taxes that you had already paid for a year, if you paid more, you get returns; otherwise, you have to pay some additional tax. (Every January ~ February) *Undocumented workers do not pay tax, nor have tax report.
※ Some Tips for Paying Less Tax? 1. Use Check Card: Let's get a check card from your bank and pay by the check card when you buy something. 2. Demand Cash-paid Receipt: When you buy something in cash, ask cash-paid receipt. *In order to get this receipt, you have to call 126 and register your cell-phone number or visit Tax Office to register. Or, visit www.taxsave.go.kr and input your registration number and name. After confirming your identification, you
Q > I’m a Myanma worker working in Korea under the EPS. When I got my first wage in Korea, 500,000 won was deducted from my wage for an insurance fee by the Samsung Fire Insurance (삼성화재). I heard that it was for my airfare cost to go back to Myanmar later. Soon my sojourn period will be expired and I’m planning to go back home. I want to get 500,000 won back from the Samsung Fire Insurance but I don’t know how to file the insurance claim. I asked my boss for help, but he told me that I should do it by myself because he was busy. What should I do? Please let me know the payment claim procedure with the Samsung Fire Insurance.
A > The insurance that migrant workers in Korea should purchase from the Samsung Fire Insurance is ‘Return Cost Insurance(귀국비용보험).’ It is a refundable insurance for airfare cost. When migrant workers intend to return to their country either because their sojourn period is expired or because they just decide to leave Korea, they can claim the insurance. The payment claim procedure is as follows: 1) Submit your passport, alien registration card, airline ticket, and the Departure Schedule Report(출국예정신고서- the form is available at a local Job Center) to a local Job Center. 2) Get a Departure Schedule Confirmation(출국예정사실 확인서) from the Job Center one month prior to the scheduled departure date. 3) Submit a copy of your passport, a copy of your bank book (the first page with your name on it), and a copy of the Departure Schedule Confirmation to the Samsung Fire Insurance. You can submit the copies via fax at 0505-161-1421(Samsung Fire Insurance). 4) If there are no problems with the submitted documents, the Samsung Fire Insurance will send you the money (500,000 won) to your bank account. 5) In case you have difficulties in filing the insurance claim, you can ask for help from a local support center for foreign workers or any organizations working for migrant workers in your area. If you don’t know any of these organization, feel free to contact us at 051-304-0900(Busan Foreign Workers’ Support Center). A W N
ASIAN WORKERS NEWS
register your cell-phone number. You
Published by SOMI
should input your name correctly in terms of using capital or small letters or space, etc. **Therefore, when you work on your Tax Report, you can pay less tax if you provide your company with the statements of using your check card and
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Editor Reporters Translators Proof readers Layout
Kim So-ryoung Kim So-ryoung, Lim A-yeong, Danny R Guerra, Toe Thu Ya Kim Hoe-ran, Park Kyung-wun, Lee Dong-hun Tess Manangan Kim So-ryoung
Tel / Fax E-mail Homepage Address
051-802-3438 / 051-803-9630 somi3438@hanmail.net http://fwr.jinbo.net 4F 193-9 Jeonpo-2 dong, Jingu, Busan, Korea (Postal Code 614-865)
cash-paid receipts. The statements of using check card and cash-paid receipts ｗill be provided if you call 126 and ask them.
This copy is free. We distribute this copy anywhere you need. Any foreign community can ask us for delivery. If you want this paper by mail, please call us. Solidarity with Migrants
(사)이주민과 함께