※ Majung Law Firm’s Foreigner Center is dedicated to protecting the rights of foreigners residing in Korea.
The biggest issue with the illegal employment of foreign students using student visas (for study and language training) as an excuse is that these visas are being ‘abused’ for illegal stay and crimes in the country.
The issue of illegal employment among foreign students, reported on the 14th by The Fact (‘Study as an Excuse!’ Foreign Students Going to Factories Instead of Schools), extends beyond just University A to several recent cases.
Last month, the Ministry of Justice uncovered that a logistics company representative in Namyangju, Gyeonggi Province, along with a broker and others, illegally employed dozens of foreign students. Last year, a café owner in Seoul operating a language exchange café was fined for illegally employing foreign students without work visas.
Some foreign students also get caught committing crimes. Last year, a Vietnamese group operating an internet gambling site worth 6.5 billion won was busted by the police, and the leader, a Vietnamese student, was attending a university in Daejeon. In 2020, a Vietnamese student on a language training visa (D-4) was arrested by the Mokpo Coast Guard for using and selling synthetic drugs such as marijuana and ecstasy.
However, a former official from an agency that previously facilitated foreign student employment candidly criticized the government and addressed issues with the youth.
Mr. Kim (former agency employee): “What the government does and what we experience practically don’t align. Even if we have many unemployed people, it doesn’t mean it’s not difficult. Who among the young Koreans will wear protective clothing, a hat, and only expose their eyes to work? They absolutely won’t do it. Professors I know don’t mind if students work as long as it doesn’t interfere with their studies.”
In the past three years, the number of illegal stayers with study visas (D-2) increased from 2,833 in 2019 to 4,692 in 2020, and 6,294 in 2021.
However, the number of students caught in crackdowns was 417 in 2019, 489 in 2020, and 263 in 2021, with deportations at 167 in 2019, 78 in 2020, and 54 in 2021.
While the number of illegal stayers with study visas increased, the crackdown and deportation numbers decreased.
For language training visa (D-4-1, D-4-7) holders, the number of illegal stayers grew from 4,294 in 2015 to 20,330 in 2020, nearly five times.
In 2020, among language training visa (D-4-1, D-4-7) holders, 16,572 were from Vietnam, accounting for about 81% of the total 20,330 illegal stayers. They were followed by Uzbekistan (1,295), China (966), and Mongolia (865).
Immigration Office Investigator: “Our crackdown efforts are limited due to our manpower constraints, so we can’t achieve the desired speed or efficiency…. We are aware of these cases and are conducting investigations and inquiries.”
Ministry of Education Official: “We conduct the Education Internationalization Competency Certification System with the Ministry of Justice to ensure universities do not indiscriminately recruit foreign students and to check if they manage them properly. We inspect this annually and impose sanctions on problematic universities, including visa restrictions and related business limitations.”
The Ministry of Justice and the Ministry of Education have been enforcing a certification system since 2012 to strengthen university responsibility for managing foreign students. However, this system alone seems insufficient to curb the illegal activities of many students. Furthermore, the crackdown burden is often shifted to universities without strict enforcement.
Effective management of the increasing number of illegal stayers requires close cooperation and a thorough management system among the Ministry of Justice, the Ministry of Education, and universities.
Additionally, legal accountability for service agencies knowingly employing illegal workers should be strengthened. There is also a growing need to expand the criteria for part-time employment to allow economically struggling students to engage in legal economic activities.
Mr. Kim (former agency employee): “We know using illegal workers is wrong, but we are small businesses. We pay them fairly, and it feels unfair to be treated as criminals.”
Attorney Kim Ju-hyung, Majung Law Firm: “There seems to be a weak penalty for brokers and employers. Many employers find it cheaper to hire illegal workers, thinking it’s worth the risk. Strengthening penalties for brokers and employers is one solution, but expanding the legal employment scope for economically disadvantaged students might be more realistic.”
Last year, 152,000 foreign students came to South Korea, with some still seeking opportunities to make significant money using student visas.
While South Korea can be a land of opportunity, these students might face human rights abuses, unfair labor practices, wage exploitation, and inhumane treatment due to their illegal status.
To eradicate illegal stays and related crimes, the government should tighten visa issuance criteria for foreign students and strengthen oversight.
Majung provides legal consultations for foreigners living in Korea who need legal assistance. Please contact us at the number below for more detailed consultations.
The biggest issue with the illegal employment of foreign students using student visas (for study and language training) as an excuse is that these visas are being ‘abused’ for illegal stay and crimes in the country.
The issue of illegal employment among foreign students, reported on the 14th by The Fact (‘Study as an Excuse!’ Foreign Students Going to Factories Instead of Schools), extends beyond just University A to several recent cases.
Last month, the Ministry of Justice uncovered that a logistics company representative in Namyangju, Gyeonggi Province, along with a broker and others, illegally employed dozens of foreign students. Last year, a café owner in Seoul operating a language exchange café was fined for illegally employing foreign students without work visas.
Some foreign students also get caught committing crimes. Last year, a Vietnamese group operating an internet gambling site worth 6.5 billion won was busted by the police, and the leader, a Vietnamese student, was attending a university in Daejeon. In 2020, a Vietnamese student on a language training visa (D-4) was arrested by the Mokpo Coast Guard for using and selling synthetic drugs such as marijuana and ecstasy.
However, a former official from an agency that previously facilitated foreign student employment candidly criticized the government and addressed issues with the youth.
Mr. Kim (former agency employee): “What the government does and what we experience practically don’t align. Even if we have many unemployed people, it doesn’t mean it’s not difficult. Who among the young Koreans will wear protective clothing, a hat, and only expose their eyes to work? They absolutely won’t do it. Professors I know don’t mind if students work as long as it doesn’t interfere with their studies.”
In the past three years, the number of illegal stayers with study visas (D-2) increased from 2,833 in 2019 to 4,692 in 2020, and 6,294 in 2021.
However, the number of students caught in crackdowns was 417 in 2019, 489 in 2020, and 263 in 2021, with deportations at 167 in 2019, 78 in 2020, and 54 in 2021.
While the number of illegal stayers with study visas increased, the crackdown and deportation numbers decreased.
For language training visa (D-4-1, D-4-7) holders, the number of illegal stayers grew from 4,294 in 2015 to 20,330 in 2020, nearly five times.
In 2020, among language training visa (D-4-1, D-4-7) holders, 16,572 were from Vietnam, accounting for about 81% of the total 20,330 illegal stayers. They were followed by Uzbekistan (1,295), China (966), and Mongolia (865).
Immigration Office Investigator: “Our crackdown efforts are limited due to our manpower constraints, so we can’t achieve the desired speed or efficiency…. We are aware of these cases and are conducting investigations and inquiries.”
Ministry of Education Official: “We conduct the Education Internationalization Competency Certification System with the Ministry of Justice to ensure universities do not indiscriminately recruit foreign students and to check if they manage them properly. We inspect this annually and impose sanctions on problematic universities, including visa restrictions and related business limitations.”
The Ministry of Justice and the Ministry of Education have been enforcing a certification system since 2012 to strengthen university responsibility for managing foreign students. However, this system alone seems insufficient to curb the illegal activities of many students. Furthermore, the crackdown burden is often shifted to universities without strict enforcement.
Effective management of the increasing number of illegal stayers requires close cooperation and a thorough management system among the Ministry of Justice, the Ministry of Education, and universities.
Additionally, legal accountability for service agencies knowingly employing illegal workers should be strengthened. There is also a growing need to expand the criteria for part-time employment to allow economically struggling students to engage in legal economic activities.
Mr. Kim (former agency employee): “We know using illegal workers is wrong, but we are small businesses. We pay them fairly, and it feels unfair to be treated as criminals.”
Attorney Kim Ju-hyung, Majung Law Firm: “There seems to be a weak penalty for brokers and employers. Many employers find it cheaper to hire illegal workers, thinking it’s worth the risk. Strengthening penalties for brokers and employers is one solution, but expanding the legal employment scope for economically disadvantaged students might be more realistic.”
Last year, 152,000 foreign students came to South Korea, with some still seeking opportunities to make significant money using student visas.
While South Korea can be a land of opportunity, these students might face human rights abuses, unfair labor practices, wage exploitation, and inhumane treatment due to their illegal status.
To eradicate illegal stays and related crimes, the government should tighten visa issuance criteria for foreign students and strengthen oversight.
Majung provides legal consultations for foreigners living in Korea who need legal assistance. Please contact us at the number below for more detailed consultations.
- Majung Law Firm Foreigner Center: 02-3143-1158
- Online Consultation : https://majungforeign.kr/contact/?lang=en
