ABSTRACT

The inflow of migrant workers poses many challenges to an ethnically homogenous Korean society. They have different features with regard to citizenship. In this article, I analyze the citizenship of migrant workers in Korea from three dimensions – immigration policies, access to long-term and permanent residency and national citizenship, and the rights of migrant workers. First, I analyze requirements for employment and residency as stipulated in the Departures and Arrivals Control Act and the problems of differential application to target groups. Second, I discuss regulations in the Departures and Arrivals Control Act and the Nationality Act concerning the length of stay and requirements and process of applying for long-term and permanent residency, or Korean nationality. Third, I go over the basic rights of migrant workers: (1) civil rights; (2) social rights such as the rights to engage in work, the three primary rights of labor, social welfare rights, and the right to education of children of migrant workers; and (3) political rights including residents’ rights for local autonomy. I closely analyze the difference in citizenship according to visa status and try to pinpoint key social problems of today. I also reflect on the desirable direction of Korea’s immigration policies.