With the restriction of foreigners’ entry into Korea due to the COVID-19 pandemic, the fishery industry faced significant challenges in supplying migrant workers. In response to this, there is growing interest in methods that could facilitate the stable employment of migrant workers. This paper investigates whether the current system used for the employment of migrant workers in the fishery industry, which is highly dependent on them, adequately performs its function of providing a stable and skilled workforce amid the intensified labor shortage resulting from decreasing numbers of households with employment in the fishery and the aging Korean fishermen. To this end, past studies and government documents pertaining to the current system were analyzed, and a survey targeting the owners of offshore fishing boats that employ migrant workers was conducted. A total of 147 owners of fishing boats responded to the survey, and the data of 499 migrant workers employed by them were used for the analysis. The analysis indicated that the migrant fishermen had difficulty in acquiring minimum scores for the change of visa status according to the criteria for the Skilled Worker Points System. Furthermore, distinct differences were found between the characteristics and working conditions of migrant workers employed through the Employment Permit System (EPS) and the Foreign Seamen System. Based on this result, this paper suggests the reorganization of the skilled migrant worker system in the fishery industry and the expansion of the regional specialized visa pilot project.

Labour migration is an important global issue that largely affects the labour market. Malaysia is among the popular destination countries for labour migration in Asia. The number of migrant workers that consist of documented and undocumented workers is increasing every year due to rapid economic development that captivates job seekers from undeveloped countries. In this regard, migrant workers frequently fall into the trap of unscrupulous employers who exploit them for their own interests. These employers do not pay their wages as promised and deny them their employment rights. This case is basically treated as ‘forced labour’ or ‘human trafficking’ by the Malaysian authority. This paper identifies the Malaysia’s legal framework of the employment of migrant workers. In addition, how to address the infringed rights of migrant workers is discussed in this paper. Although the framework deems comprehensive, it further recommends a stringent and fair law enforcement to combat exploitation towards migrant workers.

The importance and extent of the migration phenomenon, affecting as it does huge numbers of people the world over cannot be overemphasized. Coming from third world countries, poverty-stricken and strangers in foreign lands, migrant workers irrespective of country of origin indeed become vulnerable to oppression and exploitation and all kinds of abuses. The question that needs to be addressed continues to be whether or not the existing ILO Conventions and Recommendations as well as the core international human rights treaties together with the International Convention on Migrant Workers have been adequately implemented in order to effectively address the problems related to the promotion and protection of migrant workers’rights. Given the flood of unabated reports and complaints of abuses and exploitation that migrant workers the world over have to suffer and contend with, the answer is quite obvious. While bilateral and multilateral agreements continue to serve the specific concerns of sending and receiving States pertinent to the protection of the rights of migrant workers, the real need is for a continent-wide forum in Asia which can eventually consolidate all mechanisms and measures that will promote and protect the rights of migrant workers in a truly comprehensive and integrated manner.