Research Report
Pre-legislative Evaluation for Institutionalization of Employment of Seasonal Workers
Ⅰ. Background and Purpose of Research
▶ Background
○ Introduction of Foreign Seasonal Workers and Its Problems
- The foreign seasonal worker program was introduced as a pilot project in 2015 and has since expanded in scale. Although there was no legal basis for this system until now, following the National Human Rights Commission's recommendation in 2024, the Immigration Control Act was amended in 2025, finally establishing a legal foundation.
- To this end, it is necessary to identify the legislative demands requested by the government and local authorities, as well as by employers and workers, regarding the foreign worker program.
▶ Purpose
○ Pre-legislative evalution
-The Immigration Control Act has been amended to establish a legal basis for the foreign seasonal worker program, but various legislative supplements are necessary for the stable operation of this system. This report aims to investigate these legislative demands and propose the necessary legislative direction for amending laws to ensure more stable operation of the system in the future.
Ⅱ. Contents
▶ Current Status of the Foreign Seasonal Worker Program and Related Legislation
○ Current System Status
-Following a pilot program in 2015, where the Ministry of Justice allocated approximately 1,500 workers, the program expanded to 74,000 workers by 2025. Unlike the foreign worker employment permit system, the seasonal worker program operates for short periods of up to about 8 months. It is currently being implemented as a suitable system for securing labor in the agriculture and fisheries sectors, where there is a shortage of workers.
-However, in 2024, the National Human Rights Commission recommended systemic improvements to the government regarding the foreign seasonal worker program. It pointed out labor exploitation structures with human trafficking characteristics, such as some intermediaries confiscating passports and exploiting wages.
○ Relevant Legislation
-The Foreign Seasonal Worker Program was administered by the Ministry of Justice but lacked a legal basis. The 2025 amendment to the Immigration Control Act established this legal basis and enabled the punishment of illegal acts by intermediaries.
-The Foreign Employment Act does not apply to foreign seasonal workers as it targets long-term foreign workers, while the Act on the Treatment of Foreigners in Korea remains declarative. The Special Act on Support for Agricultural and Fishery Workers includes support provisions, but these are limited to a single article.
-Some local governments support the foreign seasonal worker program through ordinances.
-For the stable operation of the foreign seasonal worker program, legal frameworks supporting workers and protecting their labor and living conditions must be established.
▶ Key Issues and Evaluation
○ Legislative Purpose and Legal System Evaluation
-Regarding foreign workers, the Immigration Control Act primarily aims to manage entry and exit; therefore, stipulating provisions concerning the protection of foreign workers' labor and living conditions is inconsistent with the Act's fundamental purpose and structure.
-It is deemed more consistent with the legislative purpose and framework to either expand the application of the Foreign Employment Act, which comprehensively regulates the legal status of foreign workers, or to include provisions on the support and management of foreign seasonal workers within the Special Act on Support for Agricultural and Fishery Employment Personnel, for which an amendment bill is currently pending in the National Assembly.
-The need for role division between the central government and local governments has been raised. Specifically, legislation and ordinances should stipulate that the central government is responsible for matters concerning selection criteria for foreign workers, education on Korean language and the Labor Standards Act, and financial support for local governments and employers. Metropolitan local governments need to comprehensively manage various employment and workforce allocation policies at the local government level. Basic local governments need to rationally allocate roles such as worker management, housing, and insurance support within the legal framework.
○ Legal Issues and Evaluation
-Amendments to the Immigration Control Act now allow the Minister of Justice to designate specialized agencies for selection and employment. However, specialized agencies are also needed at the local government level to manage foreign seasonal workers. Furthermore, given the existence of existing foreign worker support agencies, provisions for cooperation between these agencies must be established. In particular, cooperation between local governments and the central government must be stipulated.
-While Korean language proficiency is required for selection, agricultural or fisheries experience or skills must also be verified. Standard contracts must be drafted in a language comprehensible to foreign workers.
-Regarding labor management, the Foreign Workers Employment Act and the Labor Standards Act must apply. Both farm-based and public-sector programs require financial support. To ensure the stability of the system for a certain period, government or local government support is also needed for insurance premiums that employers must bear, such as workers' compensation insurance and health insurance.
Ⅲ. Expected Effects
▶ The Spread of Legal and Legislative Discussions on Foreign Seasonal Workers
○ Achievements in Legal and Interdisciplinary Research
-The achievement lies in conducting legal research on foreign seasonal workers, a topic that had received relatively little attention until now, and implementing interdisciplinary research that incorporates the latest studies in the agriculture and fisheries sectors.
▶ Legislative Materials
○ For use as legislative materials
-The contents of this report can be utilized as legislative reference material when enacting legislation related to foreign seasonal workers.