The Migration of Risk: Where is the Safety of Ethnic Korean Migrant Workers from China? (Jan. 2025)

Jinwoo Son

Korea Institute of Labor Safety and Health

Translated by Se-eun Kim

2025

The Aricel disaster on June 24, 2024, starkly demonstrated the shift from “outsourcing of risk” to “migration of risk.” The revelation that 18 of the 23 victims who lost their lives were migrant workers (17 Chinese nationals and 1 Laotian national) underscored the urgent need for a deeper examination of the working conditions and safety and health issues faced by the majority of the victims, ethnic Korean migrant workers from China.

Until now, the focus on migrant workers’ issues has been on the “Employment Permit System,” a so-called modern-day slavery system that deprives them of their “freedom of movement between workplaces.” The Employment Permit System has resulted in problems such as workers on non-professional work visas (E-9 visas) being tied to their workplaces, exposing them to workplace hazards. Refusing to accept these risks and leaving their workplaces exposes them to the risk of being labeled “undocumented” (so-called illegal). Illegal stay, deportation, skin color, religion, language barriers, verbal and physical abuse by employers, gender-based violence, and housing conditions typified by “vinyl house” accommodations are all terms associated with issues facing migrant workers. However, the situation is somewhat different for ethnic Korean migrant workers from China. Because they have virtually no restrictions on the length of their stay, and restrictions on employment based on visa type do not actually act as barriers, they are considered guaranteed the “freedom of workplace movement” that migrant labor activists have consistently advocated for. Consequently, their working conditions and occupational safety and health issues have largely escaped public attention.

The dangerous jobs faced by ethnic Korean migrant workers from China on the line between legality and illegality.

Ethnic Korean migrant workers from China also face significant risks, particularly in the jobs they occupy. Many of the migrant workers providing labor shunned by domestic South Korean workers – such as 3D jobs (Dangerous, Dirty, Difficult) and care work – are migrant workers from China. The Aricel disaster also confirmed their tendency to fill dangerous jobs. Why is this?

Employment restrictions are placed on ethnic Korean migrant workers from China based on the type of visa they hold. However, in reality, these regulations are meaningless. For example, many of the victims of the Aricel disaster were staying on F4 visas (overseas Korean visas), which the Ministry of Justice prohibits from performing “simple labor activities.” Yet, they perished while working at Aricel, packaging and inspecting batteries. While visa type is legally restricted, in practice, it is not effective. In this paradoxical situation, ethnic Korean migrant workers from China are forced to straddle the line between legality and illegality.

Ethnic Korean migrant workers from China do not seek employment through official channels, such as the Ministry of Employment and Labor’s Employment Support Center. They avoid these channels due to visa-related employment restrictions, low-paying jobs, remote locations, and complex administrative procedures. Instead, they prefer to find work through relatives or acquaintances, or through easily accessible job placement agencies known as dispatch, contract, or employment agencies. Consequently, they work without knowing whether these jobs are legal or illegal.

Ethnic Korean workers from China who migrated to South Korea in search of relatively higher wages compared to China often seek employment opportunities that allow them to compensate for low wages with long hours and overtime. This is often the case in small, micro-businesses.

The problem is that companies like Aricel and job placement agencies actively exploit this reality for ethnic Korean migrant workers from China. Because they have few language barriers and limited restrictions on their length of stay, they are ideal candidates for those seeking immediate and easy access to labor. Their job postings stipulate no specific qualifications (regardless of visa status), only that they can commute by bus and be employed immediately, regardless of age. Aricel, however, has repeatedly cited the visa status of some of the victims to offer discriminatory compensation. They have even threatened workers with deportation for illegal work because they held F-4 visas (overseas Korean visas), which prohibit simple labor. Aricel has been able to maintain its indirect employment model, which avoids any responsibility for its workers, and constantly adjust its workforce based on fluctuating workloads, thanks to the prevalence of this employment model in regional industrial complexes in the Seoul metropolitan area. Moreover, the government did not actively manage and supervise this problem of illegal employment.

Government visa policies and fragmented management of ethnic Korean migrant workers

The concealment of conditions that easily expose them to illegal employment structures, and the perception that they prefer such jobs, are deeply connected to the South Korean government’s visa system. Ethnic Korean migrant workers are granted a separate visa, offering comparatively more favorable conditions than migrant workers entering the country under the Employment Permit System. As overseas Koreans, they enter South Korea on an H2 visa, allowing them to initially stay for three years and up to four years and ten months. After meeting certain requirements, they can obtain an F4 visa, which allows for unlimited extensions in three-year increments. A common route for them is to switch from the H2 visa to the F4 visa to overcome the length of stay restrictions.

However, obtaining an F4 visa restricts them from engaging in simple labor. While overseas Korean visas have no length of stay restrictions, their existing Visitor Work Visa (H2) is more advantageous for finding work. This complex South Korean government’s visa policy increases employment instability for ethnic Korean migrant workers and forces them to accept low-quality jobs. Even if they change their visas to pursue long-term employment in South Korea, they ultimately resort to illegal and unlawful means to secure employment. This reality forces them into dangerous jobs. Furthermore, this visa system separates them from migrant workers of other nationalities.

Meanwhile, for domestic South Korean workers, especially those in unstable positions such as irregular workers, ethnic Korean migrant workers are viewed as competitors who threaten their jobs and are subject to hatred and exclusion. This, in turn, serves as a pretext for the government’s complex and intricate visa policy, reinforcing existing problematic policies. Ultimately, these ethnic Korean migrant workers are forced to accept dangerous and low-quality jobs and are mobilized to maintain their precarious employment.

Work-related deaths of ethnic Korean migrant workers from China and non-existent safety measures

Statistics also confirm that ethnic Korean migrant workers from China account for a significant proportion of industrial accident deaths. According to a study analyzing industrial accident statistics from 2017 to 2021, in the manufacturing industry, out of 184 migrant worker fatalities, 37% (68 people) were from China (including those of ethnic Korean descent), followed by Thailand, 10% (19 people), Vietnam, 9% (17 people), Nepal, 8% (15 people), and Uzbekistan, 7% (13 people). In the construction industry, out of 241 migrant worker fatalities, 80% (192 people) were from China (including those of ethnic Korean descent), followed by Vietnam, 4% (9 people), Kazakhstan, 4% (9 people), and Uzbekistan, 3% (7 people). This confirms that ethnic Korean migrant workers from China suffered the highest casualties in the manufacturing and construction industries.

 However, safety measures addressing these workers’ issues were non-existent. Successive governments have repeatedly proposed measures to reduce industrial accidents involving migrant workers, but they have all been formulaic. They have diagnosed “communication limitations” as the cause and emphasized strengthening safety training. Of course, it is important to implement substantive safety and health training. However, considering that the majority of migrant worker deaths are among ethnic Korean workers, is “poor safety training due to communication limitations” truly the primary cause of migrant worker deaths? We must reexamine the very idea that migrant workers are a “monolithic group with communication limitations.” Otherwise, the grave reality of industrial accident deaths among ethnic Korean migrant workers from China will continue to be overlooked. The migration of risk has evolved beyond the “3Ds” (Danger, Dirty, Difficult), to include a fourth “D” (Death). We must confront their situation head-on and work together to achieve better working conditions.