401개의 게시물을 찾았습니다.
The S. Korean Migrant Workers Trade Union (MTU, affiliated to the KCTU) published last week(6.28) its latest...
Report on Trial and Detention of Vietnamese Construction Workers in South Korea
The following is a report on the outcome of the trial of 10 Vietnamese migrant workers arrested in relation to their participation in two spontaneous strikes in July 2010 and January 2011.
*Charges and Verdict
The defendants were all charged with 'obstruction of business'. Seven of them were also charged with acts of 'group violence' or 'mob assault with a deadly weapon'. All defendants were found 'not guilty' of the charge of 'obstruction of violence'. The not guilty verdict was based on the following legal precedent, quoted in the judge's decision:
“Workers' basic rights, as protected in the Constitution, included the right to association, collective bargaining and collective action (strike) as a means to improve their working conditions. Foreigners, irrespective of nationality, are also subjects of these basic labor rights. When deciding whether a strike, as a job action, constitutes obstruction of business, strict interpretation is necessary so as to ensure that the basic rights described above are not violated.
“As such, it cannot be seen that strikes, as job action, necessarily constitute 'obstruction of business'. Rather, this must be judged after the fact, and only if a review of the specific circumstances shows that the collective refusal of labor provision occurred suddenly at a time that the employer could not predict so as to cause great difficulty to the operation of business, or great losses, and thus impaired the employers' ability to voluntarily continue his/her business can it be considered as constituting the crime of 'obstruction of business' (Supreme Court, 7 March 2011, Refer to sentencing verdict 2007do482, complete panel of judges)."
(This is an unofficial translation.)
The judge found that there was not sufficient evidence to show that the employer had suffered the claimed losses, and thus, the strike could not be seen as constituting 'obstruction of business’.
With regards to the other charges, five of the defendants were found guilty, but their sentences were waved or they were given light fines. The judge explicitly explained that more severe sentences that would become grounds for deportation were intentionally avoided. Only two defendants were given suspended prison time sentences—sentences severe enough to be grounds for deportation.
*The details of the sentencing are as follows:
1. aaaaa
-obstruction of business: not guilty
-group violences: guilty
-sentence: 2 million won fine, waved sentence of 8 months prison time (not grounds for deportation)
2. bbbbb
-obstruction of business: not guilty
-mob assault with deadly weapon: guilty
-sentence: 2 years prison time, suspended for 3 years (grounds for deportation)
3. ccccc
-obstruction of business; not guilty
-group violence, mom assault with a deadly weapon, mob assault: guilty
-sentence: 1 year 6 months prison time, suspended for 2 years (grounds for deportation)
4. ddddd
-obstruction of business: not guilty
5. eeeee
-obstruction of business: not guilty
-group violence: guilty
-sentence: 2 million won fine (not grounds for deportation)
6. fffff
-obstruction of business: not guilty
-mob assault with a deadly weapon, violence: guilty
-500,000 won fine, waved sentence of 8 months prison time (not grounds for deportation)
7. ggggg
-obstruction of business: not guilty
-mob assault with a deadly weapon: guilty
-sentence: waved sentence of 8 months prison time (not grounds for deportation)
8. hhhhh
-obstruction of business: not guilty
-group violence: guilty
-sentence: 2 million won fine
9. iiiii
-obstruction of business: not guilty
10. jjjjj
-obstruction of business: not guilty
*Detention by Incheon Immigration
Based on the above verdict, all but two of the defendants should have been released. Instead, only two of the three defendants who received not only guilty verdicts were released. The third continued to be detained by the police because of a prior fine he had not paid. The other defendants were taken by immigration officials to the Incheon Immigration office.
When they arrived at the court, the immigration officials were unclear about whom they should take custody of or what their sentences were. They did not even refer to the judge's decision in deciding whom to detain, but rather just detained all those with guilty verdicts. They did not have the required detention orders. When supports protests, they simply wrote up 'emergency detention orders' for the seven defendants on the spot in such a rushed manner that they mistakenly recording the same date for the start and termination of the detention.
When activists and supporters protested this unfair treatment, the head of the Incheon Immigration Office simply replied with arrogant comments such as, "Our detention center is good, better than other countries. You shouldn't think of detention as imprisonment, ” and "South Korea's immigration system is of high quality."
This is a clear case of abuse of authorities granted under the Immigration Control Law. The Incheon Immigration Office's is a racist attempt to increase the number of deportations it carries out without regard for the rights of the individuals involved or the presiding judge's intentions.
Labor, civil society and social movement organizations are continuing to call for the workers release and protest the actions of the Immigration Office...
http://migrant.nodong.net/?document_srl=176040#0
Migrants' Trade Union (MTU) recently published its newsletter(June edition). Until today it was only as printed version available, but now you can read it also here:
Migrant Workers' Voice
The Migrant Workers Petition
MTU have officially launched a petition for the migrants workers since early March. What started out as a legalization campaign for MTU quickly evolved into a much wider campaign for all the migrant workers demands.
We have stated three demands from the petition. First is a call for the recognition of Migrants' Trade Union as a legal trade union for migrants. The registration of MTU as a legal union would allow us to be involved in the policy formation that involves migrants. Primarily to protect our rights as workers, to define a much better system of employment wherein we could be free from exploitation and where we could be given an opportunity to truly develop our skills and use these expertise and experience in contributing not only to the Korean economy but contribute to the development of our countries of origin as well. Secondly, we call for the legalization of all undocumented workers. With the on-going registration process for legalization of the Chinese-Koreans who have been here for more than 10 years, it shows that legalization is seen as one of the safest, more practical solution in solving the problems of undocumented stay in Korea. The exclusion of other nationalities from the legalization program is also another manifestation of racism in Korea as a national policy. Third and last would be the call for an introduction of the Working Permit System(WPS) instead of the Employment Permit System(EPS). The WPS aims to remove the restrictions of the current system (EPS) that systematically limits the freedom of migrant workers and reduces their rights as workers in Korea. The restriction on changing work places, changing industries, limitations in finding and applying for work, short working period and the lack in the proper enforcement of labor and safety laws are basically the reason why migrant workers are allowing themselves to be exploited or choose to become undocumented workers. We either aim to collect 500,000 signatures to represent half of the population of all migrants here in Korea, or we would be submitting this petition on December 18, 2011 to represent the call of migrant workers on the International Migrants' Day. We call on all migrant workers, immigrants, students, as well as Korean workers and the society to participate in this endeavor. We hope that one day we will achieve what we have dreamed of ever since, to be treated with dignity, with equal labor and equal rights.
*****
Greetings everyone!
We are happy to inform you about the recent success of The MTU Solidarity Night last May 14 at the Kyunhyang Shinmun Building. The event was attended by approximately more than 300 friends and comrades. They have come from various sectors of the society. The migrants from different communities like Filipino, Nepal, Bangladesh, etc; the union groups, social movement groups, human rights groups, churches specially 향린교회, students, expats and supporters.
The event was a success in part because of our close cooperation specially with the Rainbow School student-teachers, KCTU Seoul Regional Council representatives 조정미, KCTU Legal Counseling Center from KCTU Seoul Regional Council, MTU staff, leaders and member and our guest volunteer Christian Karl dongji. We also thank our Hosts, 김호정위원장님and Luna Park, our translator from PSSP Wol-san Liem and our performers Gandiv Subedi, Shanti Adhikari, Rainbow Shool dancers and our very good friend from Stop Crackdown Band, Soe Moe Thu.
Thank you all for your support and we hope that you liked our surprise gift awarding, theprogram and performances, the food and most especially, the true warmth of Solidarity and friendship!
We hope to be together with you again in good times and in struggle. Thank you so much!
*****
The Migrants' Mayday Rally
Just like last year, we have done a separate Mayday rally for us migrants. What is different and exciting for this year was that we were able to march from Bosingak Square to the Seoul City Hall, joining the main rally of KCTU or the Korean Confederation of Trade Unions, one of the two biggest confederation of trade unions.
Managing the program proved to be a challenge because of the limitation on the time we have available to us. Although it was not possible to hold a longer program, it was still a very successful event for all of the organizers including MTU. Participation of the migrants were significant in this particular event since majority of the program evolved around the proposals of the migrants. The Migrants' Declaration itself was done by a migrant worker unlike in the past where the declaration was made for the migrants and not by the migrants.
The program was attended mostly by Korean solidarity groups like Amnesty International Korea, KCTU, All-Together, PSSP, student groups, migrant rights groups, LGBT groups, friends, and migrant communities and individuals from the Philippines, Nepal, Bangladesh, Indonesia, Vietnam, China, India, Sri Lanka, Mongolia, and many other nationalities. Around 600 people attended the event.
The program started from 1pm and we proceeded to march towards city hall to join the main KCTU rally at 3pm. There we were met with more than 20,000 people from different union and social movement groups.
*****
Migrant Workers Mayday Rally Declaration
125 years ago, the workers of the first Mayday protest action in Chicago fought for an 8-hour work day. They have not only sacrificed their liberties, they have also lost their lives in the process. The local workers, the immigrants and the women who have followed them in the struggle, have fought hard for their DIGNITY and we have enjoyed the fruits of those sacrifices.
But after fighting a long and hard fought battle, we have failed to defend that victory. The victories that has been achieved are slowly disintegrating because we have allowed ourselves to be divided by those who rule over us. Because of this failure many workers continue to suffer and lose their lives in the workplace. Up to this day, workers have sacrificed and lost their lives to fight for our DIGNITY as human beings.
They have created divisions among us by dividing the regular workers from the irregular workers, locals from migrants, men from women. They have created divisions among nationalities, religion, skin color and gender.
Today, in commemoration of the 121th anniversary of Mayday's establishment, we declare that we will move start to put an end to this oppression.
●Today, like the immigrants who have joined and lead the workers movement in the US during the first Mayday, we declare that we, the migrants, will build ourselves from the ground up. We will organize ourselves and we will work hard to arm ourselves with the knowledge of our rights. We will rise up and raise our voices so that we may be heard. We will represent ourselves, and we will work to be recognized not as "outsiders or foreigners" but as "workers" and human beings.
●We declare that we, the migrant workers have contributed and continue to contribute so much to the economy and society and that we will no longer allow ourselves to only be seen as disposable labor. We vehemently refuse to be called criminals or job-stealers and we condemn those who accuse us as such. We condemn the crackdown that has caused death and misery to the migrant workers and our families and we condemn the institutions that murder innocent workers for a piece of paper. We will continue to push for the legalization of ALL undocumented workers because it is not only humane, it is also a practical solution to fill in the labor shortage in the industries.
●We declare that our contributions to the country of destination is not measured by where we come from or on projected investments alone, but on how we invest our skills and labor to build up the economy. We stand up to end all forms of discrimination and end unequal treatment among different ethnic groups. We wish to end a system that blatantly gives preferential treatment to Korean ethnic groups from rich nations while at the same time restricting and depriving those who come from poor nations.
●We recognize the contribution of women like Mary Harris Jones and Yi So-sun in achieving past victories and we believe in the power of women and their motivation. The woman's empowerment is essential to achieve our victory as workers. Hand in hand, we will fight against all forms of violence and discrimination towards women. And as workers, men and women will remain equals.
●We declare that the Employment Permit System that restricts the freedom of workers to improve our working conditions, that binds us to our employers, that makes us disposable, this policy and other such similar policies are the invisible chains that enslaves us. Just as the pioneers of the labor movement in the past has struggled to be free of those metal chains, we will also break the invisible chain of slavery that goes by the name of "Employment Permit System".
●As we give honor to those who have sacrificed their lives for our freedom, so should we honor the forebears who have sacrificed their lives to gain dignity for all workers. We demand that all workers be guaranteed the right to commemorate Mayday and be assured of their freedom to participate.
●While the working class are given just enough wages to sustain us for the next workday, the profits of the capitalists continue to grow. They earn profit from their products and steal from their workers. We demand for higher wages where all workers can be assured of a decent standard of living. We call to remove discrimination in wages, where locals, migrants and women have different standards of payment for equal or similar work.
●Sanction the registration of the Migrants' Trade Union and stop the oppression on the Union and its leaders!
●Stop the crackdown and deportation and legalize all the undocumented migrant workers!
●Guarantee the complete free travel, stay and employmet of overseas Korean!
●Stop the trafficking of women, discrimination, exploitation and violence against all women including migrants and workers!
●Change Employment Permit System to a Work Permit System!
●Guarantee the Mayday off for all workers!
●Raise the minimum wage and realize equal pay for equal work!
We the migrant workers declare unto this 121th Mayday celebration, May 1, 2011
*****
Case Study: Sexual Abuse and Violence by Korean Husband
An advertisement in a popular news paper- 'real marriage with South Koreans plus monthly pocket money' drew my attention. I visited International Marriage Bureau in Kathmandu, where I saw one South Korean interviewing a group of young Nepali women aged 18-20 with the help of a Nepali interpreter. One of the male South Koreans, posing himself as judge in a beauty pageant, also interviewed me. One of the men chose me and I agreed to marry him. It had happened within a few minutes of conversation.
I am Monika Tamang(22) and got married with lee Young Soon 45, via marriage bureau in November 2010. I was a college student in Nepal. I was influenced by Korean drama and movies in during my college years. I did not know the real situation about Korean people in remote areas. My husband is an agricultural worker at Gimhae. He cannot speak English except for a few words. I am living with him in a remote part of South Korea. My husband does not work regularly anymore and spends the whole day idly staying at home. He is smoking all the time and an alcoholic. He asked me to work at a factory to earn money for him.
After month, he beat me up but I did not report anywhere. I know that is domestic violence but felt I had no choice and lacking the skills in Korean language, I could not talk with people. Silently, I endured everything and hoped that some day he will love me. Day by day, his cruelty was increasing, he became sexually abusive and his behavior was intolerable. He raped me many times in a day. I could not go back home to my country because he took my passport and ID card. I have been physically tortured badly if I denied him. That is why I tried to commit suicide.
I dream to have Korean citizenship and have a happy family. Even I did not visualize that behind gloomy story in my life. My beautiful dream was broken and I hate myself. I have not seen my future anymore. Therefore, one afternoon I escaped from my house. I could not find any place where I can stay safely. There is nowhere to go especially for women. I had a very painful life. I came to Seoul. Now, I am undocumented and working in small garment factory with very low wages.
*****
Community update:
●A Filipino gay migrant worker was found dead in Dongdaemun area.
●A Filipina married migrant was raped by her husbands friend, allegedly planned and with the help and knowledge of the husband.
●Another Filipina married migrant woman who ran away from her Korean husband was found dead allegedly committed suicide in the current residence which she shared with another migrant worker.
●The MTU Solidarity Night was successfully held in the Kyunghyang Shinmun Building where KCTU takes office. The event was attended by more than 300 people from all sectors of the society both foreign and local. The warmth of solidarity was felt by everyone.
●Another Vietnamese woman married to a Korean was found murdered by her own husband. The woman have recently given birth to a child 19 days before she was stabbed to death. She suffered from 53 stab wounds, using different knives. All the while, her infant child was lying beside her as she was being stabbed repeatedly by her Korean husband.
●180 Vietnamese workers conducted a strike against a construction company for gravely violating the terms of contract and the Labor Standards Act. Ten workers have been arrested and according to the police around 30 migrant workers are the subject of investigation for this related incident.
*****
MTU Leaders participation rally in Japan
From April 17 to 18, MTU representative visited Doro-Chiba, a Japanese labor union Doro-Chiba organized an event titled "National Study & Exchange Assembly against Foreigner Registration Act, Immigration Act and Ethnic Discrimination" in Osaka. Around 150 people gathered and each speaker spoke about various labor issues such as fired workers, imprisoned people, refugee problem, etc.
KCTU Seoul council and MTU General secretary, Kim Min joo delivered her speech about workers struggle and the importance and need for solidarity. She also highlighted the situation of migrant workers in Korea and the cancellation of the MTU presidents’visa status. In Japan, some unions organize migrant workers and Doro-Chiba also support the organizing of migrant workers. There was a similar event in Yokohama in May where the KCTU Seoul Regional Council and MTU representatives also participated in. Around 500 people gathered at that time. In this globalized world, workers should be united beyond borders.
*****
Migrant Workers Orientation Program on Labour Law
On March 6, a migrant workers orientation program on new EPS system and labour law was a success. It was joint effort organized by the Migrant Trade Union (MTU), Korean Confederation of Trade Unions (KCTU), General Federation of Nepalese Trade Unions (GEFONT) and Nepal Coordination Committee (NCC). This one day orientation program on labor and related laws will be held in the KCTU Seoul Regional Council Migrant Trade Union (MTU), South Korea. The aim was to give information to EPS workers regarding Korean labor and related laws for migrant workers in South Korea under the New EPS system. In the program, labor counselor Yoon Sun-Ho put emphasis on Korean labor laws, practices and its enforceability regarding the Migrant workers. Labor counselor Yoon Sun-Ho informed about the legal provisions applicable to Migrant workers in case of changing workplaces in Korea.
Mr.Chung Kumar Gurung, President of IFK, Krishna Hari Acharya, Secretary EPS committee and Dabit Rai president of NCC highlighted the situation of Nepali migrant workers. They also condemned Korean Government for the arrest of 200 Nepali migrant workers. During the program, the president of MTU extended solidarity to the Nepalese Migrant Workers. Likewise, migrant workers orientation program were carried out in Gimhae on the 13th of March, 2011. The program was conducted by Udaya Rai, a GEFONT/KCTU representative. During the program the “Booklet”on Migrant workers Rights were distributed.
*****
The Constitutional Case Against Targeted Arrest of Migrants' Trade Union Leaders
On May 12, 2011, a public debate was held in the Constitutional court in Bukcheonro in Jeongno-gu. The open debate was greeted by a press conference earlier that day in order to criticize the deliberate attack on MTU and its former MTU leaders President Torna and Vice President Sabur. The participation of the lawyers from both Gonggam and Minbyun, KCTU and KCTU Seoul Regional Council, Amnesty International, JCMK, Alliance for Migrant Rights, Solidarity for Migrants Rights, PSSP, All-Together, other solidarity groups and all the students who came to participate and witness the debate. The venue was filled up and all the seats were taken. Everyone was present to witness the progression of the debate both sides have presented their arguments as well as technical experts. The court judges fired up some questions. The complainants was asked which provision in the constitution states that the protection for the citizens is also applicable to the undocumented migrant worker. One significant question was regarding the case of President Anwar who went home after being released from the detention center and finishing his allowable period of stay. Another judged generally focused on any ties to Korea like investment, property, community or family ties left in Korea once they have been arrested and deported.
They have also questioned the immigration regarding the length of time that the migrant leaders have spent their time in Korea and why only when the undocumented migrants took up the position in the union were they arrested. They were also reprimanded for coming unprepared for the questions since they do not know the answers to most of the questions presented by the judges. Although there was a statement from the lead judge that if taken at face value could be perceived as an act to encourage and strengthen the enforcement of the crackdown. The judge criticized the immigration for not effectively deporting all the undocumented migrant workers which the immigration justified by not being able to have enough manpower to implement the crackdown. From another perspective, it shows the inability of the Crackdown to address the problems regarding undocumented residents.
*****
Where is good news about Migrant Worker? (contributed feature)
I do not want to write on death of my colleagues, my hands do not move. But this is what I am destined to do, I cannot choose. Maybe tomorrow, someone will write about my death, unpredicted death... Today, I sit to write. It hurts when you realize you have to die in another land working for another's nation and your family will be left with a question mark that will never be answered. At least you wish to see or hear someone you desperately love before you say goodbye to the world, but we Nepali, who are bound to work in foreign land for livelihood are not always so fortunate. Frustration, depression, emptiness are sometimes so prevalent that we just desire to escape away from own life and sometimes happen to commit suicide as well.
This happened to a man named Bahadur Darlami, 21, from Palpa who was found hanging in the kitchen of Company on March 29. Darlami had come to Korea just one month ago through the Employment Permit System (EPS). He was residing with other 5 Nepalese. Darlimi was in poor health, so his room mates were more careful about him. Sharma, one of the room mate shared “We gave him Milk and Bread to eat. He ate. I remember that he had gone to the bathroom around 11pm but we were too tired, so were fast asleep. We were shocked to hear of his death when police came and inquired in the early morning.”
He used to call his mother on the phone, talk to her and cry, but his behavior has changed. He became quiet sometimes. He used to share that he had sleeping disturbances and a kind of fear within. We never understood what his problem was.”, adds Sharma. Sharma and his friends found Darlami's towel turned to make a rope while giving out to the police which he refers to as signals of his prior plan to commit suicide.
The initial police report of the dead body shows there is no injury in any part of his body and no weapons used. The postmortem report will be ready in a week's time. Darlami's dead body will be sent back to Nepal for the funeral. May the soul of young boy rest in peace. We can do nothing except to wish for the soul to rest in peace after a human bids goodbye. The pain and suffering back home is beyond imagination. A mom who had sent her son to another nation for family needs would never be able to console her heart. Nothing can ever replace her lost son... nothing!! Darlami was the youngest one with a promising life ahead, his unfulfilled dreams and desires are still fleeting in the air.
Here another worker named Srawan Raj Panta, the resident of Kabhre Deurali VDC ward no. 2, came to Korea 2 years back through EPS. Panta worked in an Aluminium Company. One fateful day, he was hit by the company crane which resulted in death. An eyewitness said- “At around 7:30pm when they finished up the work and were cleaning the place to prepare to leave, two cranes operated by their Korean co-workers happened to hit each other by accident. One of the crane's part fell down upon Panta's head. He was rushed to the hospital in an ambulance. The doctors involved in operation till 3am later declared the operation was "unsuccessful.”His frieds were shocked by the sudden accident that took away a colleague. Panta's family in Nepal is mourning for his death. Panta is survived by a wife and four year old daughter. I just don't want to write these things... it is really painful.
Nepali are dying for no reason, human beings are dying for senseless reasons... we just lose our life anytime. Whether because of another's fault, or by anything at all. Do we deserve these pitiful death? I don't know. I don't know and I would neither argue with death. Who knows, I might die this very moment... A natural death is more than welcome. I am much tensed by the unnatural deaths. The series is yet not over, I need to mention one more death. The president of Tamudhi South Korea, Ramkaji Gurung reported the death of Mr. Rudra Gurung, 40, at St. Vincent Hospital in Suwon. Mr. Rudra Gurung came to Korea in 1992 and was admitted to the hospital a week back due to heart disease. The wife of late Rudra Gurung is also in Korea. His funeral was held in Suwon cemetery. Every Nepali around Korea are invited to participate in the funeral ceremony. These are the examples. Rudra Gurung invested his youth in Korea, his health was compromised while working in this country. He acquired heart disease while serving in this country and finally lost his life here. He is a Nepali who was destined to leave his mother land in search of bread and butter.
No more death reports, no more accidents please. I am already too drained.-MJK
*****
An Invitation to form an International Community Coordinating Council
Dear Community Leaders,
It is undeniable that as time passes on the labor and social conditions for the migrant workers in Korea is getting worse. From our perception we are not separated by our status, nor issues. Right now it is evident that there is one factor that pervades in the Korean situation. This factor is the current "ANTI-MIGRANT" propaganda. This propaganda is obviously going on despite the so called call for "multi-culturalism" of Korea. In the Korean ads, the concept of multi-culturalism is generally centered towards foreigners who are potential investors. The automatic residency visa for an investment of 500,000$, the F2-7 visa for professionals with high income or savings, compare that to treatment migrants are getting from the institutions. It shouts of disparity and preferential treatment of one group over another.
The anti-migrant propaganda of this administration started a few years back and is growing stronger. First in 2007, they removed the mandatory housing and food allowance for the migrant workers. In the crisis of 2009, the migrant workers were the subject of lay-offs and all cost-cutting measures. It was also during this time that a powerful smear campaign against migrant workers started. They regularly published stories of migrant workers crime and projected to the public that migrant workers are dangerous and criminal elements. In this propaganda, they have falsely claimed that the criminality of migrant workers was on the rise. A government study refutes this claim but the damage has been done. A special "Foreigners Crime Task Force" has been formed to justify their claims and now every small misdemeanor or mistake can either land you in jail subject to deportation or could permanently include you in their statistics as one of the violators of Korean laws.
The working period for EPS migrants have been shortened from 3+3 years to 3 years+1 year and 10 months. The registration period has also been made more strict and many EPS workers lost their visa because the employers have failed to register their workers promptly. Although the length of time to find a workplace has been extended, the work places continue to violate the Labor Standards, labor and safety laws. The restriction on the work place change has been eased but very few EPS workers are able to take advantage of this either from lack of information or the Job centers continue to work in connivance with the employers and deny the "non-count". Despite sufferings experienced in the workplace, getting released from a company is still difficult for some and more have escaped from these abusive companies.
Last year, 33% of the EPS workers who have finished their working period for Korea has become undocumented. This year, 30,000 thousand EPS workers will finish their EPS sojourn, next year 60,000. Study shows, 30-50% of these workers will stay to become undocumented workers. It is very unlikely that the government of Korea will give an extension because the quota for new EPS workers have already been set.
From the conditions mentioned above, many more EPS have lost and are still losing their EPS status. This clearly shows that the problems of the EPS and the undocumented workers are NOT SEPARATE. We are all precarious labor, we are all vulnerable and therefore we have to unify our issues. The more we separate ourselves from each others issues the more vulnerable we are.
Therefore we find it necessary for all the migrants in Korea to come together in order to protect not only our rights but our interests as well. If we keep ourselves divided by our nationality, language, visa status, religion or gender, the more we will be exposed to abuse and exploitation.
NOW IS THE TIME FOR US TO UNIFY.We should now concentrate our efforts to change this systematic abuse of the migrants and we should stop all efforts to use the migrants as a leverage to suppress the rights of people, not just for the migrant workers but the Korean working class as well. If cheap, exploitable and disposable labor are readily available the standards do not get better, they become worse for all of us.
They are using these ANTI-MIGRANT propaganda to build a negative image of migrants in the Korean society. There is an on-line group that organizes racist members and creates a hate campaign for the migrant workers. Their numbers are increasing and we can expect more violence to happen later on.
In July the government plans to attack the migrants with an intensive "Joint Crackdown" where it is mandatory for all institutions to report undocumented workers to the immigration. Police departments, the Labor offices, any government institution are required to report to the immigration any transactions or incidences where they encounter undocumented migrant workers. It is a scary thought to think that later on even hospitals, banks, home owners who rent out to migrant workers, stores, etc. will be compelled to report undocumented migrant workers to the immigration.
This is the reason why invite all the migrant community leaders to:
1. share the situations and the challenges in their community,
2. discuss problems of migrants and the laws and policies that brings about these problems.
3. find alternatives and solutions to the problems that we are facing,
4. strengthen cooperation between migrants regardless of nationality, language, religion, gender or visa status,
5. take appropriate actions, mobilizing and spreading information to our network.
We are the only ones who could effectively solve our problems. Our liberty and dignity should come first and foremost. None of us came here to become criminals, we came for the opportunity to live a decent and a dignified life. We are inviting all community leaders to form an International Community Coordinating Council on mid-june to create a venue where we could discuss our needs and collectively make a plan to protect and improve our conditions in South Korea. An exact date for our meeting is open for suggestions. Your prompt reply will be much appreciated. Please state if your community is interested to join the council.
*****
Everyone is invited!
MTU is calling on all migrant workers who are interested in learning the following skills:
●Guitar playing ●Media (Film, Documentary, Music Video, News, Photography, etc.)
●Acting or Performing ●Basic Computer Operation
●Korean Language (Uijeongbu, Seongsu, Dongdaemun, etc.)
We also offer Labor Education courses, Leadership Training, Counseling, Hobby/Sports activities. Please come to the MTU office for more details.
Location: KCTU Seoul Regional Council - Rm 202 Seoul Building, 78 Chungjeongno2ga, Seodaemun-gu, Seoul (120-021)
How to get there: Take Subway Line number 5, Seodaemun Station, Exit number 1(Tel: 02-2285-6068)
*****
The Migrants' Trade Union Street Campaigns
After the MTU General Assembly, the current leadership has focused on creating programs and activities for MTU. From organizing to cultural events, MTU has always been sensitive to the needs of the migrants in Korea. The leaders of MTU are also undergoing intensive education and training regarding union management, leadership roles, organizing and planning aside from Labor Law, EPS Law, Immigration Law, Industrial Accident Law and others. The leaders have also taken more responsibilities and role in the planning and decision making process for the union activities. We have taken efforts to promote our street campaign activities. In the meantime these campaigns are being done in Seoul and Ansan. We plan to expand our campaign to the Gyeonggi region and we have also encouraged migrant centers and migrant rights groups to support or conduct their own street campaign. The intention of the street campaign is to expose the common realities and situations of the migrant workers in Korea and how we will be able to change all the negative provisions in the policy if we worked together. These street campaign offers counseling, and street education regarding labor laws, EPS laws, immigration laws and other provisions relevant to the migrant workers. Distribution of flyers, migrant rights booklet, petition signing and registration for various education programs and activities are also conducted. The street campaign has no exact formula. It aims to learn the migrants situation directly, familiarize them to MTU and vice versa. Importantly, the street campaign may be a venue for organizing migrant workers.
*****
Migrant Women for Women formed in Korea
A meeting among the Nepali women was held in Migrants’Trade Union (MTU) office in Seodaemun. These Nepali women who are involved in different sectors in South Korea. There are migrant women with EPS visas like women in the agricultural sector, women with business visa and women who reached Korea after marrying a Korean man. Everyone actively participated in the meeting. These women find an extreme need of a secure place to live or stay in when they face problems. Some are fired from work or need to leave their factories. Others tried to escape domestic violence, while others for some other reasons. Taking this into consideration, women who realize the difficulties of the women's situation in Korea established the organization 'Migrant Women for Women'. Migrant Women for Women is a non-political organization and the working committee of the organization is recently reformed.
Tomorrow afternoon (5 p.m.) there will be trial in the case of the Vietnamese migrant workers who went on strike at Incheon New Port construction site. The trial will be held in Incheon’s Regional Court (Jung-gu Unseo-dong).
Kyonghyang Shinmun (6.03) wrote the following article about the case:
Vietnamese Migrant Laborers Who Went on Strike Demanding to Be Allowed to Eat Properly
Two days ago, the barbarism of Korean society was revealed in front of Incheon District Court.
At a press conference, about 20 members of Incheon-area labor and civic groups reported the absurd reality in which prosecutors demanded the most severe sentence of three years in jail for 10 Vietnamese migrant laborers because they led a strike; the Vietnamese were unable to eat properly despite working 12 hours a day.
Vietnamese workers enter an auditorium of the Seongdong-gu Office, Seoul, in a queue, to perform their traditional dance to celebrate 'The Foreign Laborers' Day' on May 18, 2008. That the Vietnamese laborers in Incheon, who went on a strike to just get proper food, but were iron-fisted by the Korean prosecutors show how barbaric Korean society still is towards foreign migratory laborers.
The laborers were tried on charges of holding an illegal strike and obstruction of business, with the construction company and prosecutors joining forces regarding two six-day survival strikes, in July of last year and January of this year, held by 180 Vietnamese laborers at the construction site of a container substructure at Incheon New Port.
Korean society's response to the very human demands of migrant laborers was thoroughly inhuman. The story of these Vietnamese migrant laborers unprecedentedly going on strike is terrible. In a word, the issue was food.
According to the Korea Migrant Human Rights Center, the roughly 180 Vietnamese laborers worked at the construction site on the basis of a 12 hour-day-and-night shifts of 90 men each, and received three free meals.
The company, however, notified them that they would take from their salary 8,000 won a day, 240,000 won a month, as the price of two of the meals, arguing that the laborers didn't work from 40 minutes before their meal time.
To these laborers, who make slightly more than 1.5 million a month working 12 hours a day without Sundays off at an hourly wage of 4,110 won, 240,000 won in deductions for food was a major burden.
Moreover, compared to the high cost of the meals, the food quality was terrible. When the workers went on strike about this last July, the company fired 21 workers and in retaliation paid the remaining workers salaries with one hour deducted from their 12 hour work days. In January, they therefore launched a second strike.
Whereas the company, which used food to harass the laborers, came under no sanction at all, the iron fist was brought down on the Vietnamese laborers in the name of the law, who had appealed that they be allowed to eat properly and rest at least on Sundays.
The "food strike" of the Vietnamese laborers was truly shocking. Discrimination against migrant laborers is nothing new, but this instance was just too much. That we live "under the same sky" (i.e., in the same space) with migrant laborers, who must eat what they are given and cannot cry out in pain when they are trod upon, is terrible.
The root of the problem can be found in the fact that while the Constitution guarantees the so-called Three Labor Rights and bans discrimination on the basis of sex, nationality and skin color, there is a policy that refuses to recognize these for migrant laborers.
This hypocritical migrant labor policy that brings in laborers but fails to recognize their labor rights is turning Korea into a nation without even a minimum of civility towards human beings.
Through their food strike, the Vietnamese migrant laborers are exposing the barbarism that still lurks in Korean society.
http://english.khan.co.kr/khan_art_view.html?code=790101&artid=201106031353037&medid=enkh
Int'l Petition urging that the 10 Vietnamese Migrant Workers be found Not Guilty and Released (effective 2011.6.07)
Recently, 10 Vietnamese migrant workers working in South Korea were arrested, detained and brought to trial. The 10 individuals had been among 200 Vietnamese workers employed to construct the substructure of a container wharf at the Incheon New Port last year. The Prosecutor's Office has charged them with several crimes including obstruction of business, group violence, mob assault and assault with a deadly weapon.
In addition, the prosecution is claiming that the Vietnamese migrant workers carried out an illegal strike, through which they caused significant losses to the company that employed them.
In reality, however, these workers faced subhuman treatment and were subjected to forced labor on the Incheon New Port construction site. They were not allowed to rest on Sundays despite the fact that the South Korean Labor Standards Act guarantees workers one day of a week. They were forced to work in 12-hour shifts, with one running during the day and the other during the night. All the while they receiving only minimum wage. In addition, they were forced to pay for meals despite the fact that their employer had originally promised that meals would be provided. Even worse, management, claiming that they did not work hard enough, began deducting an hour worth of wages from their pay. These actions constitute severe violations of the Labor Standard Act and violation of the workers' employment contract. When the workers protested, however, management responded by telling them they would be fired or, "reported to the Ministry of Labor and deported."
For workers to refuse their labor in the face of such unfair conditions is completely justified. And, indeed, the Incheon New Port workers responded with a strike. Regardless of the technical legality or illegality of this collective action, it must be recognized that refusing to provide labor when management is in violation of the employment contract is a completely justified act. As such, the prosecution's indictment is blatantly unjust.
In its letter of indictment the prosecution claims that the workers who were arrested had led the strike and used threats and force to make other workers participate. It has become clear in the course of the trial. However, that some of the workers arrested had, in fact, worked at the construction site for less than a week and were not even familiar with their duties there. Given this fact we cannot help but doubt the credibility of the prosecution's indictment. Far from what the prosecution is claiming, these workers were pushed into two rounds of spontaneous action by the subhuman conditions under which they were forced to work.
The prosecution's accusation of "group violence" is also highly doubtful. We believe that the prosecution has exaggerated this charge in order to create a basis for calling the group action "illegal".
All of the Vietnamese workers involved in this incident had come to Korea under the Employment Permit System (EPS). The South Korean government claims that the EPS protects the labor rights of migrant workers in full. This case shows, however, that the labor rights of migrant workers in South Korea are actually completely disregarded. What is more, the conditions faced by the Incheon New Port workers are not at all unique. They are similar to the conditions faced by the majority of migrant workers in South Korea.
If these workers are found guilty of the charges brought against them, it will be a direct demonstration of just how unequal and unjust the South Korean government and South Korean society's treatment of migrant workers is. We sincerely hope that these workers will be found not guilty and freed so they can return to their lives as
common workers for the sake of their futures and their families in Vietnam. If these workers are found guilty they will all be subject to forcible deportation under the Immigration Control Act. We fervently hope that their employer's cruel treatment and the prosecution's trumped-up charges will not led to the horrible consequence of turning this young workers into law-breakers.
In solidarity with our comrades,
Edre Olalia,President, International Association of People's Lawyers (IAPL) & Secretary General, National Unuion of Peoples' Lawyers (NUPL), Philippines
Dorinda Moreno, Fuerza Mundial / FM Global & Hitec Aztec Communications, Elders of 4 Colors 4 Directions & U.S. Liaison Secretariat, International Tribunal of Conscience/TICPM
Comisión Jurídica del Tribunal Internacional de Conciencia de los Pueblos en Movimiento (becoming a permanent forum for Migration and Displacement) & May Day United, Outreach (Mexico and beyond)
Camilo Perez Bustillo, Law Professor and Lead Attorney, International Tribunal of Conscience/TICPM/Comisión Jurídica del Tribunal Internacional de Conciencia de los Pueblos en Movimiento
Chito Quijano, International League of Peoples Struggles,Auditor,Los Angeles CA
John Parker, International Action Center,West Coast Coordinator,Los Angeles, CA USA
Nikole Cababa, AnakBayan LA,Long Beach, CA, United States
Tim Ly, Chinese Progressive Association,Lead Organizer,San Francisco, CA, United States
Kuusela Hilo, BAYAN USA,Vice Chairperson,Los Angeles, CA, US
Aurora Victoria David,Anakbayan Silicon Valley,Chairperson,Palo Alto, CA, United States
Nguyen Pham,Stanford University,Student Stanford, CA, United States
Sandry Le,Stanford, CA
Teresa Nguyen,Stanford, CA, United States
Paul Valen,Anakbayan SD,San Diego, CA United States
Stacy Villalobos,Stanford Immigrant Rights Project,Stanford, CA, United States
Diana Huynh,Stanford, CA, US
Nati Carrera,SCIC,Los Angeles, CA
Arianna Wassmann,Stanford, CA, United States
Leilani Albano,Los Angeles, CA, United States
Jessica Antonio Bayan USA,Regional Coordinator,San Jose, CA, United States
Geline Evangelista,Filipino Migrant Center,Board Member, Carson, CA, United States
Aldric U.,Stanford, CA, United States
Julian Jaravata,Anakbayan Silicon Valley,Stanford, CA
Aracely Mondragon,Stanford, CA, United States
Anh Truong,Stanford, CA, United States
Joe Hemschoot,Palo Alto, CA, United States
Donna Wallach,Justice for Palestinians,Founder San Josè, CA, United States of North America
wendy wu,san francisco, CA, United States
Rosylin Dean,Women's International League for Peace and Freedom,San Jose CA
Hong Ho,Stanford, CA
Tiffany Basa,Committee for Human Rights in the Philippines,San Francisco, CA, USA
Ellen Le,Stanford Vietnamese Student Association,Cupertino, CA
Apollo Victoria,Habi Arts,Los Angeles, CA, United States
Raul Anorve,Los Angeles, CA. United States
Joi Barrios-Leblanc,Berkeley, CA
Irma Bajar,Filipinas for Rights and Empowerment-Gabriela USA,Chairperson,Brooklyn, New York
Bernadette Ellorin,BAYAN USA,Chairperson,New York, NY, United States
Dianne Saichek,San Jose, CA, U.S.
Jan Tokumaru,Los Angeles, CA, USA
Annie Sayo,NAFCON Northern CA, USA,Regional Coordinator,Bay Area, California
Van-Anh Nguyen,San Jose, CA, United States
junya,asia
alex tom,oakland, CA, USA
Sandie Richards,Board of Church and Society, California-Pacific Annual Conference of the United Methodist Church Chairperson,Los Angeles, CA USA
Aquilina Versoza,Pilipino Workers Center,Executive Director,Los Angeles, CA United States
Arlene Rodrigo,Filipinas for Rights and Empowerment,Cultural Director,New York, NY
Jennifer Gutierrez,United Methodist Church, California-Pacific Conference,Director of Urban Ministry,Los Angeles, CA, United States
LOIS ABUGHO,GABRIELLA USA,Member,Queens, NY, USA
Vic and Barby Ulmer,our developing world,CO Directors,Saratoga CA United States
Ryan Leano,SanDiwa,San Francisco, CA
Thanh D. Nguyen,Sunnyvale, TX
Valerie Francisco,Filipinas for Rights and Empowerment (FiRE), GABRIELA USA,Education officer New York, NY, USA
Kris Sankaran,Stanford Asian American Activists,Stanford, CA, United States
Nancy Pham,Winter Park, FL
Nguyen Ngo,Stanford, CA, USA
Michael Tayag,Stanford, CA, United States
Lucia Lin,Los Angeles, CA
Alison Fogarty,Stanford Universtiy,Graduate Student,San Francisco, CA, United States
Lory Nguyen Ishii,Caritas Legal, P.C.,Principal Attorney,Los Angeles, CA, United States
Lolan Sevilla,Filipinas for Rights and Empowerment,Member,Brooklyn, NY, United States
Serenity Nguyen,Fountain Valley, CA, United States
Celina Benitez, SANA, Los Angeles, CA
Related:
☞ SOLIDARITY MESSAGE Migrante International (6.06)
Vietnamese Migrant Workers Detained and Brought to Trial!
Background
Recently 10 Vietnamese migrant construction workers working in South Korea were arrested, detained and brought to the trial.
The Prosecutor's Office has charged them with several crimes including obstruction of business, group violence, mob assault and assault with a deadly weapon. The prosecution is claiming the Vietnamese migrant workers carried out an illegal strike. In its letter of indictment the prosecution claims that the workers who were arrested had led the strike and used threats and force to make other workers participate.
All those arrested are documented migrant workers who entered South Korea under the Employment Permit System (EPS). If they are convicted, they are highly likely to face deportation under the Immigration Control Act.
The 10 individuals had been among 200 Vietnamese workers employed to construct the substructure of a container wharf at the Incheon New Port last year.
Cruel working conditions
-> KRW 4,110/hour wage (minimum wage).
-> 12-hour shifts from 7:00 to 19:00 (Lunch break: 12:00-13:00). The company almost always ran two shifts, one from 7:00 to 19:00 and one from 19:00 to 7:00.
-> Work on Saturday and Sunday even though the employment contract stipulated a Monday to Friday work week.
-> Only 1 meal a day (lunch) provided free of charge. The cost of breakfast and lunch (KRW 240,000 a month) was deducted from wages. For this reason, the major demand during the strike was the provision of three meals a day. The company offered breakfast and dinner for free from April to May, 2010. But it notified the workers it would offer only lunch for free beginning in July. Many workers who had worked since April staged a walkout and refused to work.
The 1st Strike: July 22 to 25, 2010
Beginning at 7 o’clock in the morning on the 22th of July, 2010, roughly two hundred Vietnamese workers went on a walkout. The walkout continued until 7 o’clock in the evening on the 25th of July, 2010.
The workers made the following demands:
-> That they be provided three meals a day, free of charge.
-> That the not be forced to work at night against their will.
-> That they be allowed to have friends visit them in company-provided living quarters.
-> That they be allowed to have food, drink and alcohol in their living quarters.
*The company argued that the strike caused losses worth KRW 1 billon. It said it was forced to hired local workers and had to paid extra to rent equipment for an extended period of time.
The 2nd Strike: January 9 to 10, 2010
Most of the Vietnamese workers went on a walkout against beginning on January 9,, 2011. In response, the company changed its policy. It reduced recognized work hours from 12 to 11 hours (The workers worked for 12 hours from 7:00 to 19:00pm, with a lunch break from 12:00 to 1:00pm). The company had previously recognized 12 working hours including 4 hours of overtime work.
*The company argued the second strike caused losses worth KRW 109 million.
Arrests and trial
The 10 Vietnamese migrants continued to be employed and worked after the strike.
Some of those who were arrested had only begun to work in July 2010. As such, they were not in the condition to lead the first strike.
The 10 workers were arrested in March and April 2011, and were charged with interfering with the business, group violence, and mob assault with a deadly weapon.
At a hearing on May 26, the prosecution asked that the workers be given prison sentences of 3 years to 2 of the workers, 1 year and 6 months to 1 worker, 1 year to 6 workers and 1 year suspended for 2 years to 1 worker.
The next hearing in the case will be on June 9.
MTU published today the following message:
Greetings everyone!
We are happy to inform you about the recent success of MTU's 'Solidarity Night' last May 14 at the Kyunghyang Shinmun Building. The event was attended by approximately more than 300 friends and comrades. They have come from various sectors of the society. The migrants from different communities like Filipino, Nepal, Bangladesh, etc; the union groups, social movement groups, human rights groups, churches, students, expats and supporters.
The event was a success in part because of our close cooperation specially with the 'Rainbow School' student-teachers, KCTU Seoul Regional Council representatives Joh Jeong-mi, KCTU Legal Counseling Center from KCTU Seoul Regional Council, MTU staff, leaders and member and our guest volunteer Christian(...)dongji.
We also thank our Hosts, Kim Ho-jeong and Luna Park, our translator from PSSP Wol-san Liem and our performers Gandiv Subedi, Shanti Adhikari, 'Rainbow School' dancers and our very good friend from 'Stop Crackdown Band', Soe Moe Thu.
Thank you all for your support and we hope that you liked our surprise gift awarding, the program and performances, the food and most especially, the true warmth of Solidarity and friendship!
We hope to be together with you again in good times and in struggle. Thank you so much!
http://migrant.nodong.net/?document_srl=157119
Photo impressions from the event you can see here!
Amnesty International (the S. Korean section) interviews MTU's chairperson...
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