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Won, but 0 won... Wages that cannot be received even with the law
- admin 10 days ago 2025.06.23 11:58
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Foreign sailors A and B from Indonesia, who had not received wages for over a year, received a court ruling for 'full payment of unpaid wages', but reality was harsh. Their application for advance payment from the Korea Workers' Compensation and Welfare Service was rejected due to unmet requirements, forcing them to go through the arduous process of civil compulsory execution once again. After winning the case, facing the outcome of '0 won', A said, "I thought the court would resolve it. But nothing has changed."
The blind spot of the advance payment system excludes foreign sailors
The core of the problem lies in the 'advance payment system'. This system is structured such that if an employer fails to pay wages, the government pays a certain amount first and then exercises its right of recourse against the employer later. However, workplaces with five or fewer employees, or those engaged in fishing or small vessel operations, are exceptions. The boat on which A and B worked fell under these conditions, and as a result, they were not protected.
An official from the Korea Workers' Compensation and Welfare Service explained, "This is not a system that replaces court-ordered payments. There are separate eligibility requirements for payment, and debt recovery must be pursued through civil procedures."
"There are laws, but no protection"... Experts also urge system improvement
An official from a human rights organization for migrant workers pointed out, "Foreign sailors are placed in a labor blind spot. The structure where they are not protected by the system even after winning a legal case is a clear systemic failure." Statistics also show that a significant portion of wage arrears cases involving migrant workers are closed without actual wage recovery even after a court ruling.
Some success stories exist... but it depends on 'luck'
On the other hand, Indonesian sailor C, who maintained a good relationship with his employer, received all his wages normally and succeeded in extending his visa. However, this is an extremely rare case and is only talked about as having been "lucky."
Implication: A structure is needed for legal rights to be substantively guaranteed
Experts propose the following improvements to the system:
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Expand the advance payment system to include those engaged in fishing and small vessel operations.
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Establish a simplified procedure for advance payment of a certain amount based solely on court rulings.
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Provide legal and administrative support for civil compulsory execution.
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Systematic response is necessary, including sharing successful cases and conducting a comprehensive survey of victims.
The reality that foreign sailors cannot even receive fair compensation for their hard work in Korea. Their cases, where they are not protected despite legal rulings, clearly demonstrate the loopholes in the system. If Korean society is to truly respect the 'reward for labor', it is urgent to establish **substantive protection measures** that go beyond legal declarations.
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