By Kim Tae-jong

A 34-year-old man from Sri Lanka had his right leg amputated in an accident while working at a waste-disposal company in Gimpo, Gyeonggi Province, in December 2009. 

He found the situation unbearable, but decided to remain here because he had to earn money to support his family in his country. He thought it would be easier to get a job here than back in his country with the disability. 

But the reality was much harsher than he thought as Korea has not legislated welfare laws allowing foreigners to be registered as disabled to become beneficiaries of state policies. 

Koreans with disabilities can benefit from the law that obliges companies to fill a certain portion of their payroll with otherwise-abled workers. But as foreigners cannot be registered as disabled here, they are virtually blocked from getting such jobs.

He found it discriminative but there was nothing he could do. He has now managed to get a job but receives a monthly wage of only 870,000 won ($802), less than the legal minimum monthly wage, just because he is physically-challenged. 

Like him, a growing number of foreign workers here fall victim to industrial accidents, many of whom suffer from extremely serious physical disabilies. But they fail to receive the “status of disabled,” which is automatically given to Koreans. 

“It’s obviously discrimination against migrant workers,” said Choi Jung-gyu, an official from the Seoul City Migrant Workers Center, who counseled the Sri Lanka national. “They pay taxes just like Koreans while they are here, but they are neglected from the protection of various social welfare programs.” 

Most migrant workers who incur disabilities from industrial accidents have to return to their country and face a harsher reality, Choi said. 

“No company would want to hire them without any incentives which are given by the government when they hire Koreans with disabilities,” he said.

Under the current law, only Koreans can get “the status of disabled” and receive benefits.

Even in the absence of proper protective measures and welfare programs, the number of migrant workers who fall victim to industrial accidents has been increasing. 

According to the Ministry of Employment and Labor, 5,221 cases of industrial accidents involving migrant workers were reported in 2008, up from 3,967 cases in 2007. 

To correct the discrimination, the National Human Rights Commission requested the government to revise the law in 2008. But it was not until last February that the bill was forwarded to the National Assembly. It has yet to receive approval for legislation.

Many civic groups for migrant workers also blame the government for the increase in casualties from industrial accidents, arguing it fails to protect the health and safety of migrant workers.

“Many migrant workers are vulnerable to industrial accidents. It is a combination of many reasons, including the lack of training, language barriers and inexperience of migrant workers,” said Jung young-sub, vice general secretary of the Migrant Trade Union. “And industrial accidents, including fatal ones, are disproportionately greater among migrant workers than among South Korean workers as most of them are engaged in 3-D jobs — difficult, dirty and dangerous.” 

As small business owners mostly hire migrant workers, the government should also take responsibility to support employers to provide safety and health education and help improve the working environment as preventive measures, he said.