NHRCK Welcomes Move to Exempt Public Officials from Mandatory Notification of Undocumented Migrant Workers Seeking Redress for Wage Theft
– Statement by the Chairperson of the National Human Rights Commission of Korea on the Proposed Amendment to the Immigration Act –
The National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter “NHRCK”) welcomes the Ministry of Justice’s announcement on September 3, 2025, to include undocumented migrant workers who are victims of wage theft among those exempt from public officials' mandatory notification under Article 84 of the Immigration Act, and issues the following statement.
On July 26, 2024, the NHRCK recommended to the Minister of Justice that the scope of mandatory notification exemptions under the Enforcement Rules of the Immigration Act be expanded to include investigations and labor inspections conducted by local employment and labor offices concerning violations of labor laws, including wage theft. This recommendation was intended to ensure that undocumented migrants who are victims of wage theft can seek remedies without fear of deportation.
In response, on November 11, 2024, the Ministry of Justice stated that the notification exemption system was designed to protect undocumented migrants who have suffered human rights violations or crimes, but that wage theft was merely a financial liability and therefore did not warrant inclusion. The Ministry accordingly declined to accept the NHRCK’s recommendation at that time.
However, research commissioned by the NHRCK in 2023, together with recent cases and discussions at the 40th Cabinet Meeting on September 2, 2025, confirmed that wage theft against migrant workers is increasing both in number and scale. Employers have frequently sought to evade payment by reporting victims to the police during ongoing labor dispute procedures, or by threatening to report their undocumented status to immigration authorities if they demand their wages.
As a result, many victims have been forced either to leave Korea without receiving unpaid wages, or to abandon claims out of fear of deportation and crackdowns.
The UN Committee on the Elimination of Racial Discrimination (CERD) has also expressed concern. In its May 2025 concluding observations on Korea’s periodic report, CERD noted the disproportionate vulnerability of undocumented migrant workers to wage exploitation and recommended that Korea expand notification exemptions so that migrants can report labor rights violations without fear.
The Ministry of Justice has now announced that, in addition to exempting public officials from the duty to notify immigration authorities when undocumented migrant workers report wage theft, it will grant temporary release ex officio to victims currently in immigration detention centers; and impose restrictions on the future hiring of foreign workers by employers found to have withheld wages.
These measures reflect the implementation of recommendations made by both the NHRCK and CERD, and represent a positive turning point for the protection of migrant workers’ rights by providing meaningful remedies and preventing future violations.
The NHRCK urges the government to move swiftly in implementing these reforms and reaffirms its commitment to ensuring that all workers, including migrants, can receive fair wages and live with dignity.
September 4, 2025
Ahn Chang-ho
Chairperson, National Human Rights Commission of Korea
