South Korea Amends Anti-Trafficking Guidelines Following Fatal Busan Escape Attempt
Two Indonesian fishers attempting to escape a locked motel room in the South Korean port city of Busan fell from an eighth-floor makeshift bedsheet rope on July 21, leaving one dead and the other with a broken leg. Lee Han-sook, director of the Migration and Human Rights Institute, was briefed on the incident by the surviving fisher.
The incident served as a catalyst for the South Korean government to strengthen efforts against human trafficking within the country’s US$7.5 billion fishing industry. On 2 September, the Ministry of Gender Equality and Family alongside the Ministry of Oceans and Fisheries announced amendments to national anti-trafficking guidelines designed to help law enforcement identify forced labour.
New Thresholds for Law Enforcement in the Fishing Sector
The revised guidelines establish specific indicators of human rights abuses, such as untreated physical injuries, confiscated cellphones, and restricted internet access in worker housing. While the guidelines do not carry the full weight of law, they set clear thresholds for authorities to intervene when human trafficking is suspected.
We believe the new guidelines will greatly help prevent labour abuse and protect human rights in the fishing industry because the new guidelines contain specialised clauses focused on the fishing sector,
said Kim Hye-jeong, a director at the Ministry of Oceans and Fisheries, during a September news conference.
In August, the government designated the surviving Indonesian fisher as an official trafficking victim—the first working on a fishing boat. This classification granted him access to subsidies for medical care, housing, and legal assistance.
Industry Vulnerabilities and Recruitment Pressures
Migrant workers make up approximately 80.5 per cent of fishers onboard South Korean distant water fishing (DWF) vessels, according to government data published in July. Most foreign crew members originate from Indonesia, Vietnam, and the Philippines, facing conditions that include 14-18 hour workdays, below-minimum-wage pay, and debt bondage.
Recruitment companies often lock workers in rooms, withhold passports and cellphones, or retain wages to prevent workers from leaving their assignments. These extreme measures stem from financial liabilities imposed by the fisheries ministry, which holds recruitment firms responsible if workers escape and become illegal immigrants.
Skepticism from Legal and Human Rights Advocates
Despite the updated guidelines, legal and human rights experts argue that systemic enforcement gaps remain unaddressed. Wee Seo-hyun, a lawyer at the Gwangju-based nonprofit Lawyers for Public Interest, noted that the guidelines do not alter root problems tied to the enforcement of existing labour laws.
South Korea enacted its Act on Prevention of Human Trafficking and Protection of Victims on Jan. 1, 2023, trailing behind regional neighbors such as Japan in 2005, Taiwan in 2009, and Singapore in 2015. Lee Han-sook noted that a lack of legal precedents and whistleblower protections continues to hinder victim reporting.
Frequently Asked Questions
Why are migrant fishers in South Korea particularly vulnerable to abuse?
Migrant fishers work in isolated environments on distant water fishing vessels, frequently without communication devices, and face long working hours that stretch 14-18 hours.
What specific penalties do recruitment companies face if workers escape?
Recruitment firms can lose deposits worth tens of thousands of dollars or face sanctions that bar them from receiving future government contracts to manage migrant workers.
How does South Korea’s anti-trafficking legal framework compare internationally?
South Korea enacted its primary anti-trafficking legislation on Jan. 1, 2023, which is years later than regional jurisdictions like Japan in 2005, Taiwan in 2009, and Singapore in 2015.
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