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MTU's contribution to the "Forum on Gender/Racial Discrimination in S.Korea" , held last month(8.26) in Seoul:

A brief overview on the discrimination of migrant workers

1. The incident that happened in Bucheon last July(*) was not an isolated case of
misunderstanding between a foreigner and a local. In fact, migrant workers have
often been on the receiving end of verbal assaults, racial slurs, and even violence
on a daily basis.
This incident caused quite a stir in the community both foreign and local and has
even attracted the attention of local and foreign media. It has been given an adequate amount of coverage. Professor Banajit Hussain because of his South Asian ethnicity, being dark-skinned, he was mistaken for a migrant worker not only by theperpetrator but even by the police as well.
The incident involving the professor and his companion achieved one thing in
particular, and that is to expose the day to day challenges of the migrant worker. The migrant workers come from different corners of the globe, having varied race and ethnicity, having different religious and cultural backgrounds and about one third of the migrant population are women. The migrant workers are always regarded as poor, un.educated, and vulnerable and thus, it is an undeniable fact that one hundred percent of the migrant workers have fallen victim to racial and sexual discrimination at some point in their lives.
The incident of racial discrimination against Professor Hussain is nothing compared to what we, as migrant workers face in our daily lives. Professor Hussain's case was given attention because of the fact that his standing or class in the Korean society is perceived to be of higher importance and thus, require much clamor.
The fact of the matter is, migrant workers have been suffering from racial and sexual discrimination even before they have laid foot on Korean soil.

2. The discrimination under the EPS Law:
Although migrant workers are better off under the current EPS law in comparison to the trainee system, the migrant workers continue to suffer under the new system as they had suffered under the old. Despite claims of equal labor rights for migrant workers, the EPS Law has failed to secure the migrants position in society in terms of job security. It has also failed to protect them from abuse and unequal treatment because of their race, ethnicity and social standing in the society. The EPS Law aims to ensure the stability of the labor force for the company through restrictions such as the limitation on workplace changes, the time limit on which a worker would need to find a new company, the allowable reasons for which a migrant worker can ask for termination of contract, the restriction on migrant workers eligibility to invite their family members and the restriction on the migrant workers eligibility to apply for citizenship. There are also restrictions that limit the involvement of migrants in activities that may be deemed as political in nature.
These restrictions only show that migrant workers because of their social standing are treated as disposable and temporary. This considerably reflects the racial and social discrimination against migrant workers who are comparably likened to machines or beasts of burden.
Even before the migrant worker comes to Korea, it is mandatory for an applicant to undergo pregnancy tests (women) and AIDS test (both men and women) as a
requirement for qualification to work in this country. In more progressive nations,
these mandatory tests are considered sexual discrimination on the assumption that pregnant women can never be productive and are a burden to the host country.
Labeling AIDS victims are a threat to society and disregarding their rights to privacy is also sexually discriminatory. Being minorities, their social and human rights are often negated by the provision of restrictions and conditions for employment.

The Crackdown on undocumented migrant workers and their criminalization is the
most evident example of racial discrimination. This marginalized group in society
has suffered numerous deaths, injuries, abuse, violence, financial ruin and extreme psychological stress.
Aside from the crackdown being unconstitutional under the Korean law, it also
shows blatant disregard of the migrant workers human rights.

3. Undocumented workers having less protection from abuse, suffer as much as the EPS workers, if not more so. Although, they are not subjected to the restrictions of the EPS Law, undocumented migrant workers have less mobility.
Because undocumented migrant workers are criminalized in Korea the government agencies offer no protection to migrant workers against verbal, sexual and physical abuse. Undocumented migrant workers who have tried to seek for police intervention/support, or have tried to report incidences of violence against their person would find themselves arrested and detained by the immigration instead of being given justice for the transgression that they have fallen victim to.

Migrant workers in the workplace:
Accommodations for workers are usually within the company premises to assure
that there will be readily available workers on hand to meet production
requirements and quotas. Typically, these dwellings do not meet the standards to
assure that it is well suited to protect their health and comfort. Container boxes
measuring an average of 9sqm would typically house two or three persons. These boxes usually are not well ventilated during the summer and insufficiently heated during the cold months. There is also a problem with cleanliness, insect and vermin infestation, filthy toilets, inconsiderate managers and noisy co.workers that holds no regard whatsoever to the people who have worked the opposite shift and are resting during the day.
Incidences of migrant workers having finished working 13 hour shifts would be
allowed to sleep for 2 or three hours before they will be forced to work overtime.
Threats such as dismissal and deportation have always been common, there have also been numerous incidences of physical violence and verbal abuse, pay.cuts have also been reported. Thus, under these threats, migrant workers are forced to render service at the expense of their health and safety.
Social imbalance is also evident in the workplace among native workers and
migrants. The managers and/or the native workers would slap, swear at, and punch migrant workers in jest but the managers/native workers would consider it
confrontational if the migrant worker initiated the same act.
The native worker may refuse to render overtime, he or she may even refuse to do a delegated task but the migrant worker would often be forced to accept these additional workload and should never refuse.

4. Citing these examples, the sub-human treatment of migrant workers, their disregard for their health and safety, their obvious disregard for the rights of the workers are evidence that racial discrimination is a part of the migrant workers life. Since they have “imported” them as workers, the utilization of their services should be maximized.
Religious and cultural differences are also areas of concern in the life of a migrant worker. An aversion to a particular type of food or certain religious practices has also been a source of conflict and/or abuse. Forcing migrant workers to go against their culture and religious beliefs are factors that cause undue stress and resentment on the side of the migrant workers.
Gender-based discrimination on migrant workers in the work place is also common. Age and marital status being factors, the migrant workers personal life seems to be an extension of his work relations. Managers and native workers would give unsolicited advices regarding different personal issues like sexual preferences, marriage to Koreans (women migrants) and gays or lesbians being non.existent in Korea. Under the guise of extended family relationship existing between migrants and Koreans these unsolicited advices are also discriminatory in nature. Under the assumption that migrants are not capable of making the right decision and choices, they (Koreans) feel it is necessary to give them (migrants) guidance regarding these issues.
Migrant women also being objectified in and out of the workplace are usually prone to unwelcome sexual advances. Their regard for migrant women as more sexually active and aggressive than Korean women is a blatant form of discrimination against women. Sexual harassment and violence are also common in the workplace but  migrant women fail to report these incidences out of shame and fear of losing their legal status and job security.

5. Discrimination outside of the workplace:
Discrimination outside of the workplace is varied in intensity. Subtle actions such as unwanted stares, their aversion to sit beside a migrant worker and direct insult as what the good professor has been subjected to.
Their aversion to migrant workers is rooted on the fact that since migrant workers
are laborers they immediately assume that migrant workers are un-educated, of low intelligence, lacked sophistication, dirty, stinky, rude and loud.
A poor command of the Korean language has also been a means for Korean vultures to take advantage of the migrant workers inability to argue. Migrant workers are usually taken advantage of by unscrupulous taxi drivers by overcharging, taking long routes and harassing women migrant workers.
The discrimination against migrant workers are not exclusive to Koreans it is also
evident among foreign expats who are living in Korea. These expats’ reference to
migrant workers as "smelly, dirty and rude migrant workers" and "these things"
shows that even educated foreigners, assumingly exposed to diversity and had a
higher degree of education would see and refer to migrant workers as sub-human or not human at all.

6. Conclusion
Racism and xenophobia is largely apparent in Korea and in the Korean psyche. Even their laws, under the guise of nationalism are exclusive designed to protect native Koreans and put limitations on the rights of migrants.
The immigration law and the EPS law was made to marginalize the migrant workers, and in that sense very discriminatory. In limiting their ability to freely move about in the pursuit of a better life and better status, the migrant workers are left in a dilemma. They can either chose to live under constant oppression or fight for their right, but in the process risk losing their documentation and their job security.
These incidents reflect how receptive the Korean society is on the idea of
multi-culturalism. Their ambitious dream of establishing a multi-national,
multi-cultural society will remain as it is… a dream. As long as there is no legislation that would properly enforce the criminalization on all forms of discrimination, these despicable acts of abuse and violence will continue to happen and will in fact, worsen in the in the light of the current economic crisis.
In my perspective, to achieve a truly global nation we should take down borders, we should break down barriers and we should accept the fact that life and people come in a variety of race, color, ethnicity, gender, sexual orientation, religion and culture. If this fact was not accepted, Peace will remain to be elusive. 

* For more about the "incident" please read:

☞ Indian Accuses Korean of Racial Discrimination (K. Times, 8.03)