Most of the human rights violations involving migrant workers occur with non-professional foreign workers. Visiting overseas Korean workers have the freedom to choose their workplace, so there is not much difference in labor law protections from their Korean counterparts. For professional foreign workers, there are some limitations on labor protections in certain areas, but those differences can be resolved by transferring to another workplace. However, there are many limitations for non-professional foreign workers in the protections they receive under Korean labor law. Some examples follow.

① Non-professional foreign workers are not free to change workplaces. They must remain at the same workplace for three years unless there are justifiable reasons for the change of workplace. ② Wages remain at the minimum wage regardless of their skills or how many years of experience they have. ③ Despite the fact that the right to annual paid leave occurs when they work for at least one year(Article 60 of the Labor Standards Act or LSA), most non-professional foreign workers do not receive it. ④ Foreign workers can only receive their severance pay when they return to their home country, not when their employment terminates.

Korea’s three labor rights(the right to organize a union, the right to collective bargaining, and the right to collective action) are guaranteed in collective labor relations, and a labor union of illegal workers has even been officially recognized as a legitimate union. Nevertheless, it is impossible in reality for a company-unit foreign labor union to have continuity in its activities, as all non-professional foreign workers are fixed-term workers, and employers can control the collective behavior of foreign workers. Therefore, it is impossible to actually exercise their three labor rights.

Regarding social insurances, ① Foreign workers are protected by means of mandatory subscription to Industrial Accident Compensation Insurance, but occupational accidents are not properly handled unless the work-related accident is a serious one. ② Most workplaces do not subscribe their foreign workers to employment insurance as it is not mandatory. ③ For this reason, non-professional foreign workers cannot receive benefits during any unemployment period after termination of employment.