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Article

Conditions on the Sustainable Housing of Foreign Workers: A Case Study of Gyeonggi Province, South Korea

Gyeonggi Research Institute, Induk University, Seoul 02707, Republic of Korea
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Author to whom correspondence should be addressed.
Sustainability 2023, 15(11), 9095; https://doi.org/10.3390/su15119095
Submission received: 16 February 2023 / Revised: 8 May 2023 / Accepted: 15 May 2023 / Published: 5 June 2023
(This article belongs to the Section Sustainable Urban and Rural Development)

Abstract

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This study examined the laws and policies on the provision of housing for foreign workers and the status of and problems with foreign workers’ accommodations in Gyeonggi province. This was undertaken to identify the fundamental reason for the recurring risks related to workers’ housing sustainability, such as accidents related to inadequate housing in rural areas. We first present a review of the relevant domestic laws and regulations on the construction and installation of foreign workers’ residential facilities in rural areas, as well as of the guidelines set by international organizations and the practices of other countries regarding the provision of workers’ housing. Then, we analyze the data from a survey of foreign workers’ residential facilities in Gyeonggi province using a classification of housing vulnerability to understand the current condition of foreign workers’ accommodations at the local level, including the distribution and conditions of foreign workers’ residential facilities and their compliance with the relevant laws and regulations. Comparing the principles for the provision of workers’ accommodations stipulated in Korean law with the criteria and requirements set forth by international organizations and other countries, it can be seen that Korean law is more focused on setting the minimum requirements for workers’ accommodations. In contrast, international standards for adequate housing and the standards for workers’ housing of other countries not only set minimum requirements but also consider various factors that can enhance the workers’ living environments and quality of life and guarantee equal treatment of foreign workers, including the demand for different types of housing, location, access to cultural facilities, and supplementary facilities. We classified the housing vulnerability of foreign workers’ residential facilities in Gyeonggi province based on their characteristics, such as the housing requirements stipulated by law, and on the degree of housing vulnerability regarding living conditions and accommodation facilities (washing/bathing facilities, electrical safety checks, etc.). As a result, the main problem is location, with 43% (800) of the workplaces violating the Farmland Act. In addition, 80% of the workplaces use containers or prefabricated panels (temporary buildings) as dormitories, which are in violation of the Building Act.

1. Introduction

In South Korea, foreign workers account for about 37% of the total agricultural workforce [1], while about 38% of all foreign workers and about 43% of foreign workers employed in the agriculture sector reside in Gyeonggi province [2]. However, despite their diverse needs, foreign workers are provided with limited public services and are subject to poor living conditions, especially in terms of housing [3,4]. In light of this situation, the Korean Ministry of Employment and Labor (MEL) announced a set of measures to improve the living conditions of foreign nationals working in Korea under the employment permit system (EPS). Notably, from 1 January 2021, the MEL decided to cancel or reject farm owners’ permits for employing foreign workers if they provide substandard accommodation, such as makeshift dormitories built in vinyl greenhouses using shipping containers or panels [5].
According to the site inspections conducted by the MEL in cooperation with the Gyeonggi provincial government as a follow up to this decision, a significant number of the foreign workers employed by rural farming and fisheries businesses lived in vinyl greenhouses or temporary facilities that are exposed to safety hazards (such as fire accidents) and lack inadequate access to washrooms and water supply [6]. The MEL’s decision to cancel or reject the permits for employing foreign workers for farm and fisheries businesses that provide substandard accommodations mean that business owners now face the need to prepare licensed housing facilities and relocate the foreign workers they employ. The farm and fisheries business owners have been demanding that the government recognize makeshift housings that have essential facilities as adequate accommodations. However, because most of these makeshift housings are built in violation of the Farmland Act and the Building Act, they cannot be recognized as adequate facilities, thus making it difficult for the MEL to approve foreign worker permits for these businesses.
Some previous researches have identified several factors affecting the adoption of housing sustainability and UN habitat published a policy framework for developing countries on sustainable housing [7,8]. These factors are generally based on household behavior, socio-economic conditions, geography, environment, policy, and policy instruments [8]. Improving foreign workers’ working and living environments in terms of sustainable living needs an essential and desirable change of policies in the long run. The present situation points to the need to raise awareness of foreign workers’ rights among the general Korean public and to develop strategies for providing adequate housing for foreign workers in order to secure the necessary labor force for the agriculture and fisheries sector while guaranteeing and protecting foreign workers’ labor rights and basic living rights [9,10].
This study is meaningful as it is the first study to review the residential status of workers in Gyeonggi-do, based on an actual fact-finding survey. This study addresses the issue of foreign workers’ living conditions through the case of Gyeonggi province. As you can see in Figure 1, Gyeonggi-do provides a suitable representation of Korea’s urban environment as it covers an area of about 16 times that of Seoul and is home to about 13.58 million people (approximately 26.2% of Korea’s total population), including a significant number of foreign workers.
First, existing regulations and policies on the provision of housing in Korea and abroad are reviewed to derive the criteria for determining housing adequacy. Then, an analysis is performed on the distribution of foreign workers’ residential facilities in Gyeonggi province based on a classification of housing vulnerability. Additionally, the results of this analysis are compared against the local characteristics of the municipalities of Gyeonggi province, such as the number of foreign workers and the number of empty houses, etc., to propose the most suitable strategies for improving foreign workers’ accommodations for each municipality. Through this comprehensive analysis of housing adequacy using the case of Gyeonggi province, this study provides helpful guidelines for performing a realistic diagnosis of foreign workers’ living conditions and suggesting measures for improvement.

2. Research Design and Data Analysis

This study examines the current status of foreign workers’ living conditions in Korea, with a focus on their housing situation. To this end, we first present a review of the relevant domestic laws and regulations on the construction and installation of foreign workers’ residential facilities in rural areas, as well as of the guidelines set by international organizations and the practices of other countries regarding the provision of workers’ housings. Then, we analyze the data from the survey of foreign workers’ residential facilities in Gyeonggi province using a classification of housing vulnerability to understand the current condition of foreign workers’ accommodations at the local level, including the distribution and conditions of foreign workers’ residential facilities and their compliance with relevant laws and regulations.
The data for this study were obtained from a survey conducted by the Gyeonggi-do Foreigner Policy Division based on the MEL’s data on foreign workers’ accommodations compiled from September to November 2020 and published as Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6]. This survey was conducted over 28 days from 31 December 2020 to 27 January 2021 and included site inspections of existing foreign workers’ residential facilities in the rural areas of 28 municipalities (out of 31 in total) within Gyeonggi province, which amounted to 2161 sites in total. Among the 2161 sites, a total of 1852 were inspected closely based on a checklist, excluding 290 sites that could not be inspected due to circumstantial reasons (e.g., closure, no foreign workers employed, opposition from owner, discrepancies in data, etc.) and 19 sites that had no buildings to inspect [6]. The inspections were conducted in person in the form of site visits. The checklist used for the inspection was primarily based on the checklist for foreign workers’ residential facilities, which includes items on the housing type, location, and supplementary facilities (i.e., sanitary facilities, heating and cooling facilities, and fire protection facilities). The data from the site inspections were organized and classified in terms of the criteria for housing adequacy to identify the housing vulnerability of foreign workers in Gyeonggi province.

3. A Review of Existing Laws and Regulations on Sustainable Housing

The general satisfaction of residents is based on personal qualities (cognitive, emotional, or behavioural characteristics) and social characteristics of the living environment [11]. Thus, social, economic, and environmental aspects of housing design should be considered in order to achieve maximum effect [12,13]. This can be achieved by respecting the cultural, psychological, physiological, financial, and historical characteristics and preferences of residents or the community [14].
There is no single definition of social housing [15]. At two ends of the spectrum, social housing can either be reserved for the most vulnerable households, as in England, or it can house a wide range of income groups [16,17].
Nevertheless, the main questions in regards to workers’ houses are: is it fair to have six workers to an average-sized room? Should there be guidelines about living and sleeping arrangements? How often are inspections undertaken? [18].
In Korean law, the Labor Standards Act provides the most detailed provisions on the physical installation criteria and minimum standards for foreign workers’ housing [19]. The Labor Standards Act sets forth the basic criteria for ensuring adequate living conditions for workers by stipulating the minimum requirements for the structural safety, facilities, location, living environment, and size of housing provided by employers for all workers, regardless of nationality. As emphasized by van Ommeren et al. (1999) [20,21] locational choice should be based on the geographical structure of an economy.
The Act on the Employment of Foreign Workers also touches upon the conditions for providing accommodation to workers as a fundamental basis for approving the hiring of foreign workers. Foreign worker means a person who does not have the nationality of the Republic of Korea and who provides or desires to provide his/her labor in return for wages in any business or place of business situated within the Republic of Korea [22]. Specifically, the Act on the Employment of Foreign Workers prioritizes compliance with the minimum requirements for worker’s accommodations stipulated in Article 100 of the Labor Standards Act and judges the provision of substandard dormitories as unfair treatment.
The Farmland Act is another law that must be considered when determining adequate workers’ housing standards, especially in rural areas, since most of the dormitories for rural foreign workers are built close to, or even directly on, farmlands for close access and efficient work management [23]. According to the Farmland Act, the only buildings that can be built on farmland are annexed facilities, such as greenhouses, farmer’s huts, and storage facilities that are necessary for the production of agricultural products. In other words, proper housing facilities cannot be built on farmlands. Farmer’s huts and farming management facilities should only be used for storing agricultural-related goods and short breaks, not for residential purposes.
The basic standards and requirements for providing housing for workers stipulated in the laws mentioned above, as well as other relevant regulations and ordinances issued by the Korean government, are summarized in Table 1. First, in terms of location, workers’ dormitories cannot be built in environments that do not allow comfortable living, and they cannot be makeshift buildings or vinyl greenhouses according to the Building Act and the Farmland Act [24]. The workers’ residential facilities must be built at a safe location that is free from noise, natural disasters, flooding, and pollution, and they must be constructed as residential buildings on land designated for residential use. Second, the minimum requirements for building structures and facilities stipulate bedrooms that guarantee at least 2.5 m2 of room per person and washrooms, and adequate lighting, ventilation, air conditioning, heating, and fire safety facilities. Third, the living environment must be such that workers can reside comfortably and safely in the living space. Not only is the cohabitation of male and female workers in the same dormitory prohibited, so is the cohabitation of workers with different work shifts, and measures must be taken in case a worker catches an infectious disease. Additionally, neighborhood maintenance projects, including the maintenance of vacant houses, are required to ensure the upkeep of the neighborhood in which the dormitories are built, and rental housing can be constructed as a part of the rural rental housing supply and management projects. Lastly, regarding financial resources, business owners providing accommodations to foreign workers can charge the workers for lodging and meals and receive government subsidy for housing maintenance and improvement. However, there continues to exist a number of cases where business owners house more than the permitted number of workers to collect more rent by building unauthorized annexes or dividing up the rooms. Such behaviors should also be addressed through policy measures.
In Table 2, UNHabitat [25] provides the Adquate housing criteria including security of tenure, availability of servies, materials, facilities and infrastructure, affordability, habitability, acccessibility, location and cultural adquacy. International labor law calls for all workers and their families to enjoy “adequate and decent housing accommodation and a suitable living environment” [26]. This right encompasses more than just shelter or the structure in which people reside; rather, it is “the right to live somewhere in security, peace and dignity” [27]. Migrant workers in urban and rural settings should possess a degree of tenure security guaranteeing legal protection against forced eviction, harassment and other threats [28].
The International Labor Organization (ILO) also provides the criteria for adequate housing with a focus on workers’ accommodations. According to the ILO, housing provided for workers should be structurally safe and ensure reasonable levels of decency, hygiene and comfort, and migrant workers should be guaranteed equal treatment [26,29]. The ILO’s recommendations on workers’ accommodations list specific requirements by category, such as the guiding principles, housing standards [26], sanitation facilities, health and safety, and inspection of premises, which are presented in Table 3. Additionally, the UN’s General Recommendation No. 30 (2004) [30] of the Committee on the Elimination of Racial Discrimiation calls on state parties to “guarantee the equal enjoyment of the right to adequate housing for citizens and noncitizens, especially by avoiding segregation in housing and ensuring that housing agencies refrain from engaging in discriminatory practices.” The UN General Assembly shows the applicable legal provisions and their applicability to migrants and assesses the challenges faced by documented and undocumented migrants when gaining access to adequate housing. It pays particular attention to the situation of migrant workers in low-skilled and informal jobs through its report, Migration and the Right to Adequate Housing (2010) [5]. Additionally, General Comment No. 20 of the Committee on Economic, Social and Cultural rights, on non-discrimination in economic, social and cultural rights, states that “the Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation”.

4. The Status of Foreign Workers’ Residential Facilities in Gyeonggi Province

4.1. Current Status of Foreign Workers’ Accommodations

4.1.1. Location

We found that 51.6% (956 sites) of the foreign workers’ accommodations provided by employers in Gyeonggi province complied with the minimum requirements stipulated by Korean law. However, 23.1% (427 sites) violated either the Farmland Act or Building Act, and 25.3% (469 sites) were in violation of both laws. In terms of location, 77.7% (510 sites) of the facilities in the mountainous or non-residential land in rural areas did not meet the legal requirements, while the percentage of illegal facilities was lowest in the rural residential areas at 27.6% (260).

4.1.2. Building Structure and Facilities

In relation to building structures and facilities, of the total workplaces, 51.6% (956) of workplaces provided legitimate dormitories without violations, 23.1% (427) violated only the Farmland Act or the Building Act, and 25.3% (469) violated the Farmland Act and the Building Act as shown in Figure 2. This is a very high number, and nearly half of the dormitories have illegal aspects, so a solution must be prepared.
Of the total buildings, only 44.6% (826 registered buildings) were registered legally per the Building Act, less than half of the total. Among registered buildings, 56.1% (464 buildings) of the total are provided with temporary buildings, and 80.5% (1490 buildings) of the total are temporary buildings, including unregistered buildings. Additionally, 80% of the foreign workers’ accommodations provided by employers are houses made with shipping containers or prefabricated panels, which are considered inadequate and should be dismantled by law as depicted in the bar chart of Figure 2.
Additionally, we looked specifically at the minimum requirements for bedrooms, such as the provision of separate bedrooms by gender, minimum amount of room per person, number of occupants per bedroom, and availability of locks. Of the residential facilities, 90.7% (1680 sites) provided separate bedrooms for men and women, and 97.4% (1803 sites) had bedrooms that were larger than the minimum amount of room (2.5 m2) required per person. Additionally, 74.9% (1388 sites) provided one bedroom per person, and 98.4% (1823 sites) had locks to ensure safety. In terms of facilities, 75.3% (1394 sites) had toilets and washing facilities inside the building, 83.8% (1552 sites) of the sites had flush toilets, and 16.2% (300 sites) had dry toilets, while the toilets in 97.2% (1800 sites) of the facilities had locking devices.
As Sweeney (1974) [31] has mentioned, low-skill immigrants generated a disproportionate demand for low-quality housing, which resulted in different responses from different segments of housing along the quality spectrum. As the number of undocumented workers increases, there is a vicious cycle in which such a residential environment worsens, so policy improvements are needed to legalize them and to improve their proper housing and quality of life. In addition to universal standards, every country and municipality will have their own standards such as those associated with migrant housing inspections. For example, North Carolina’s standards [32] on migrant housing mention that the migrant housing’s ceilings must be at least 7 feet high (except for manufactured housing) and the size of the bedroom must be at least 50 square feet (4.64 m2) per person and 100 sqare feet (9.29 m2) per person when migrants cook and sleep in the same room. Those sizes are much larger than the korean standard.

4.1.3. Other Supplementary Facilities and Safety Issues

Of the residential facilities, 99.7% (1847 sites) had heating, among which 59.7% (1105 sites) used boilers and 38.7% (717 sites) used electric film and panel heaters to provide heating, while 1.7% (30 sites) used air heaters or radiators. Additionally, 99% (1833 sites) provided some sort of cooling, such as cooling fans (20.3%, 373 sites) and air conditioning (80%, 1467 sites). In regards to lighting, 98.2% (1819 sites) let in natural lighting, and among these residences, 96.8% (1792 sites) had windows that could be opened. Meanwhile, 94.4% (1748 sites) had equipment for preventing or dealing with fires, among which 99% (1745 sites) were equipped with fire extinguishers and fire detectors. Lastly, only 75.8% (1403 sites) had received regular electrical safety checks. Because electrical accidents can lead to casualties, relevant authorities should recommend non-compliant employers to have electrical safety checks swiftly undertaken at their workers’ dormitories.

4.2. Analysis of Housing Vulnerability

(1) Classification of housing vulnerability
We classified the housing vulnerability of foreign workers’ residential facilities in Gyeonggi province based on their characteristics through the following method. First, the foreign workers’ accommodations without confirmed addresses were excluded, which left 1841 sites out of the 1852 sites. Then, the accommodations were divided into two groups (legal and illegal) based on their compliance with relevant laws. Of the 1841 sites, 984 sites met the housing requirements stipulated by law, and 893 sites were in violation. Lastly, we classified the 893 illegal accommodations into three grades (Grades 1–3) based on the degree of housing vulnerability as described below Table 4.
Foreign workers’ accommodations that violated the regulations on housing type were classified as Grade 1. Unlicensed facilities constructed in vinyl greenhouses using prefabricated panel houses or shipping containers fell under this class. Grade 2 was given to foreign workers’ accommodations that exposed the workers to vulnerable living conditions such as those that did not meet the minimum requirements for supplementary facilities. These situation was exposed to the vulnerability to human rights violations that were described by UN General Assembly [33]. Specifically, accommodations that did not meet at least one of the following minimum requirements were classified as Grade 2: the availability of toilets (i.e., if the housing does not have toilets at all, or has toilets located outside the building), availability of washing/bathing facilities (i.e., if the housing does not have washing/bathing facilities at all, or has those facilities located outside the building), availability of heating (i.e., if the housing has no heating), and the compliance with electrical safety checks (i.e., if the housing did not receive the regular safety check). In the whole of Gyeonggi province, there were only four sites that did not meet all four minimum requirements (i.e., did not have toilets, washing facilities, and heating within the housing and did not receive electrical safety checks). Finally, Grade 3 was given to illegal accommodations that cannot be classified as Grade 1 or 2.
(2) Distribution of vulnerable housing by housing grade
Among the municipalities in Gyeonggi province, the municipality with the highest number of Grade 1 housings was Icheon, followed by Pocheon, and Goyang, although the majority were in Icheon and Pocheon. The number of Grade 3 accommodations, which are relatively better facilities compared with Grade 1 or 2 accommodations, were highest in Anseong, followed by Yeoju, and then Hwaseong as shown in the Figure 3. Thus, the provision of support for moving accommodations should prioritize foreign workers in Icheon and Pocheon, which take up the highest number and proportion of Grade 1 accommodations.
(3) Relationship between local characteristics and housing vulnerability
The Agricultural and Fishing Villages Improvement Act recommends using vacant houses to improve living environments. The advantage of using vacant houses is that spaces could be secured at a low cost. Thus, we examined the overlap between the ratio of vacant houses and the distribution of vulnerable housing by municipality to identify the regions where vacant houses could be renovated as foreign workers’ accommodations. The localities that have many vacant houses as well as Grade 1 accommodations were in the central and southern Pocheon, southern Goyang, and Yangpyeong. Meanwhile, an examination of the overlap between farming and forest land and the distribution of vulnerable housing showed that Pocheon and Icheon had a notably large number of workers’ accommodations built on land designated for farming and forests.
We also looked at the overlap between the number of foreign workers in each municipality and the distribution of vulnerable housing in Figure 4. The number of foreign workers was based on the statistical data on visa issuance, which show the number of foreign workers who have received visas to work in Korea. The data show that Pocheon and Anseong have the highest numbers of foreign workers that are same results with the previous research [34]. However, it should be noted that the data may not represent the actual number of foreign workers residing in the municipalities, as it excludes undocumented workers. Additionally, since Gyeonggi province’s survey of foreign workers’ residential facilities covered the rural areas in 28 of the 31 municipalities in the province, some of the urban areas with dense populations of foreign workers may not have been reflected in the distribution of vulnerable housing. Notwithstanding these limitations, the overlap between the number of foreign workers by municipality and the distribution of vulnerable housing showed that Pocheon, Goyang, some parts of Yangpyeong, and Icheon have the greatest number of Grade 1 housings (which are unregistered makeshift buildings or housing made of shipping containers in vinyl greenhouses) as well as the highest density of residential facilities for foreigner workers. Based on these analyses, it is possible to make the following suggestions for effectively improving foreign workers’ residential facilities in Gyeonggi province. Considering Pocheon’s predominantly higher number of foreign workers, high density of foreign workers’ housing, and prevalence of Grade 1 housings compared with other municipalities, constructing complex-type residential facilities for foreign workers will be the most efficient and effective strategy to provide better housing for foreign workers in Pocheon. On the other hand, for central Pocheon, southern Goyang, and Yangpyeong, a housing plan centering on using vacant houses will be most cost-effective and efficient as these areas have many vacant houses. For other municipalities that have high numbers of Grade 1 housings, such as Yangpyeong, Icheon, Hanam, and Gwangju, installing modular houses will be a suitable strategy for improving foreign workers’ residential facilities.

5. Discussion and Conclusions

This study examined the laws and policies on the provision of housing for foreign workers and the status and problems of foreign workers’ accommodations in Gyeonggi province to identify the fundamental reason for the recurring risks related to workers’ housing sustainability, such as accidents related to inadequate housing in rural areas.
In terms of the relevant laws and policies, Korea’s Labor Standards Act stipulates the minimum requirement for the residential buildings and facilities, which take priority over other regulations and include requirements on bedroom size, washing facilities, and appropriate lighting, ventilation, heating and cooling, and fire safety measures. In contrast, the criteria for adequate housing set by international organizations and other countries’ regulations on foreign workers’ housing not only define essential facilities but also include additional considerations, such as accessibility, cultural adequacy, and other various needs for a higher quality of life.
Our analysis of the data on foreign workers’ residential facilities in Gyeonggi province revealed the main problem to be the location of the housings. Of the foreign workers’ accommodations, 43% (800 sites) were built on farmland, which is in violation of the Farmland Act. In other words, the legal regulations prohibiting the construction of residential facilities on farmland and the need to provide housing for agricultural workers near the farmlands are in conflict with one another. Additionally, 80% of the foreign workers’ accommodations provided by employers are houses made with shipping containers or prefabricated panels, which are considered inadequate and need to be dismantled by law. Enforcing the dismantling of these facilities will place a burden not only on business owners, who will need to find alternative facilities for their workers, but also the foreign workers who will need to change their residence and bear additional costs they may not be able to afford. Thus, it is necessary to pace the enforcement of dismantling or consider other measures, such as adding a new provision that allows exceptions for makeshift buildings that meet all the minimum requirements for essential facilities and additional public services such as Wi-Fi, cultural adquacy, privacy, autonomy and safety concerns [28].
The classification of the housing vulnerability of foreign workers’ accommodations into Grades 1–3 depending on their compliance with the minimum requirements for workers’ housing allowed us to analyze the overlap between the distribution of vulnerable housing by grade and local characteristics (e.g., availability of vacant houses, concentration of foreign workers, etc.). Based on our analyses, we derived the most effective and suitable way to improve foreign workers’ residential facilities in each municipality of Gyeonggi province, such as, specifically, utilizing vacant houses as residential facilities for foreign workers after renovation for central Pocheon and southern Goyang; constructing complex-type residential faciliteis for southern Pocheon; and installing modular houses for use as foreign workers’ accommodations for Yangpyeong, Icheon, Hanam, and Gwangju, where many of the workers’ residential facilities are Grade 1 housings. Using our analysis results as reference, we suggest housing support to prioritize the replacement of Grade 1 housings, which are most vulnerable, and to improve the living environment of foreign workers effectively by implementing housing projects tailored to local characteristics.
Since constructing new residential facilities can be costly, the supply of housing should prioritize areas with a high concentration of foreign workers while also considering the distribution of vulnerable housing. Lack of housing affordability leads those on lower incomes to seek housing that is cheaper and often of lower quality [6]. Additionally, in planning the construction of the residential facilities, it is necessary to consider how the housing development could contribute to the area as a whole, such as by reserving the ground floors for communal facilities (e.g., classrooms for running educational programs for foreign workers). Support for foreign workers’ accommodations should not be provided only in the form of supplying physical facilities but also in terms of guaranteeing safe living environments by requiring employers to provide proof of facility inspection and implementing systems to ensure that local authorities conduct inspections and safety checks on a regular basis, especially in rural villages [6]. Local governments should develop and provide more diverse housing types suitable for the domestic environment, regional characteristics and working conditions such as rural workers’ accommodation, plantation housing, construction camp, mine camp, and factory dormitory as per the typology of workers’ [35]. Lack of information about housing alternatives and schemes, bureaucratic procedures and regulations in the housing sphere and rights of tenants often combine to make it difficult to pursue adequate housing even when national and local legislation does not prevent them from doing so [36]. Incentives, such as preferential placement of foreign workers to farms that have received certification through regular facility inspections and safety checks, could be a good way to promote the safety of foreign workers’ accommodations.
Additionally, the method of providing affordable workers’ housings should be diversified as per the UNECE suggestion [36] to utilize existing and vacant housing stocks as well as to build new structures. This solution can be the future model for rural survival where a population is gradually decreasing. As underlined by a recent OECD report, many rural areas are now seeking new residents, including migrants, in order to revive their local economies [37,38]. Additionally, housing is one of the key directions for the integration of regular migrants and refugees alongside the provision of access to rights such as employment, education, and health activities [39].

Author Contributions

Investigation, H.J.; Writing—original draft, J.N.; Writing—review & editing, K.G. All authors have read and agreed to the published version of the manuscript.

Funding

The research was funded by the Gyeonggi Research Institute.

Conflicts of Interest

The authors declare no conflict of interest.

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  23. Korean Legislation Research Institute. Farmland Act (1994–2022). Available online: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=56470&lang=ENG (accessed on 24 February 2023).
  24. Korean Legislation Research Institute. Building Act (1996–2022). Available online: https://elaw.klri.re.kr/kor_service/lawView.do?hseq=59597&lang=ENG (accessed on 24 February 2023).
  25. Habitat. 11.1 Adequate Housing. Available online: https://unhabitat.org/11-1-adequate-housing (accessed on 14 May 2023).
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  30. UN Committee on the Elimination of Racial Discrimination. General Recommendation XXX on Discrimination against Non-Citizens. 2004. Available online: https://www.refworld.org/publisher,CERD,GENERAL,45139e084,0.html (accessed on 14 May 2023).
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  36. UNECE. Housing for Migrants and Refugees in the UNECE Regions, Geneva. 2021. Available online: https://unece.org/sites/default/files/2021-02/Housing%20for%20Migrants_compressed_0.pdf (accessed on 14 May 2023).
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  38. Ponzo, I. Immigrant Integration Policies and Housing Policies: The Hidden Links’, Fieri Research Reports. 2010. Available online: http://fieri.it/wp-content/uploads/2013/04/Rapporto-social-housing-ethnicminorities_def_125013-16032011_ita.pdf (accessed on 14 May 2023).
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Figure 1. A map of the study area, Gyeonggi province in South Korea.
Figure 1. A map of the study area, Gyeonggi province in South Korea.
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Figure 2. Status of illegality in residential facilities for foreign workers. Source: Gyeonggi-do Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
Figure 2. Status of illegality in residential facilities for foreign workers. Source: Gyeonggi-do Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
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Figure 3. Distribution of vulnerable housing (Grades 1, 2, 3 housings) by municipality in Gyeonggi province. Source: Gyeonggi-do Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
Figure 3. Distribution of vulnerable housing (Grades 1, 2, 3 housings) by municipality in Gyeonggi province. Source: Gyeonggi-do Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
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Figure 4. Overlap between regional characteristics and vulnerable housing by grade Source: Gyeonggido Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
Figure 4. Overlap between regional characteristics and vulnerable housing by grade Source: Gyeonggido Foreigner Policy Division (2021), Residential Environment for Foreign Workers in Farming and Fishing Villages: Actual Condition Survey Results and Improvement Plan [6].
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Table 1. Korean laws and regulations on the minimum requirements for foreign workers’ residential facilities.
Table 1. Korean laws and regulations on the minimum requirements for foreign workers’ residential facilities.
Category of ConditionsRegulations and Policies
Category of conditions1. Labor Standards Act, Enforcement Decree of the Labor Standards Act
-
No employer shall construct a dormitory at any place with severe noise or vibration, place with a substantial risk of natural disasters, such as landslide or avalanche, damp place or place likely to flood, place with a substantial risk of pollution from garbage or waste, or any other place where it is difficult for employees to live safely and comfortably.
2. The Act on the Employment of Foreign Workers
-
Minimum standards to comply with the provisions of the Labor Standards Act.
-
The ‘mountainous area or non-residential rural area’ item on the checklist for foreign workers’ may have overlap with areas described by the provisions in the Enforcement Decree of the Labor Standards Act.
3. Farmland Act, Enforcement Rules of the Farmland Act
-
Only storage facilities for agricultural goods and small portable buildings for resting between work can be built on farmland; buildings for residential use cannot be built on farmland.
4. Building Act
-
Must comply with the provisions of the Farmland Act.
-
It is illegal to provide makeshift housing as residence.
-
Regulations on the installation of makeshift housing shall follow the bylaws of each local governing body.
5. Measures for Improving the Management of Farmlands
-
Must comply with the provisions of the Farmland Act.
-
Prohibition on providing accommodations in vinyl greenhouses and small portable farmhouses.
Building structure and facilities1. Labor Standards Act, Enforcement Decree of the Labor Standards Act
-
Size of bedroom: at least 2.5 m2 per person.
-
A bedroom in the dormitory shall accommodate no more than fifteen people.
-
The dormitory shall be provided with a proper number of restrooms, bathroom sinks, and bathing facilities.
-
The dormitory shall be provided with proper facilities, etc. for lighting and ventilation, cooling and heating facilities or equipment, and facilities or equipment for preventing fires and for taking safety measures in the event of a fire.
-
Every room, restroom, bathing facility, etc. of the dormitory shall be fitted with proper locks, and the dormitory shall have a proper space to store each employee’s personal items.
2. The Act on the Employment of Foreign Workers
-
Must comply with the provisions of the Labor Standards Act.
Living conditions and environment1. Labor Standards Act, Enforcement Decree of the Labor Standards Act
-
Male and female employees shall not live in one dormitory room.
-
Employees with different work time slots shall not live in the same bedroom.
-
Where an employee living in the dormitory contracts an infectious disease, the employer shall disinfect the following areas or items or otherwise take necessary measures.
2. Agricultural and Fishing Villages Improvement Act
-
Outlines projects for improving the rural workers’ living environment.
-
Examples: government projects for improving the living environment at agricultural and fishing villages, including projects for dismantling, renovating, and utilizing vacant houses; projects for supplying and managing rental housings in agricultural and fishing villages; and projects for improving houses in agricultural and fishing villages (construction of new houses or annexes and complete renovations).
Finances1. The Act on the Employment of Foreign Workers
-
Upper limit set on housing fees employers can charge to employees who live in accommodations provided by the employer.
2. Government projects for improving existing housing in agricultural and fishing villages
-
Provision of subsidy amounting to 1,500,000 Korean won per housing unit for remodeling housing units that are not in use, such as empty homes.
3. Gyeonggi province’s bylaws on the operation and management of funds for improving rural housing
-
Provision of subsidies for remodeling old or damaged housing units and compensation for taking down empty homes in agricultural and fishing villages.
Table 2. Adequate housing criteria: UNHabitat.11.1 [25].
Table 2. Adequate housing criteria: UNHabitat.11.1 [25].
CategoryRegulations and Policies
Security of tenureHousing is not adequate if its occupants do not have a degree of tenure security which guarantees legal protection against forced evictions, harassment, and other threats.
Availability of services, materials, facilities and infrastructureHousing is not adequate if its occupants do not have safe drinking water, adequate sanitation, energy for cooking, heating, lighting, food storage or refuse disposal.
AffordabilityHousing is not adequate if its cost threatens or compromises the occupants’enjoyment of other human rights.
HabitabilityHousing is not adequate if it does not guarantee physical safety or provide adequate space, as well as protection against the cold, damp, heat, rain, wind, or other threats to health and structural hazards.
AccessibilityHousing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into account.
LocationHousing is not adequate if it is cut off from employment opportunities, health-care services, schools, childcare centers and other social facilities, or if located in polluted or dangerous areas.
Cultural adequacyHousing is not adequate if it does not respect and take into account the expression of cultural identity.
Table 3. Sustainable housing standards: International Labour Organization (ILO).
Table 3. Sustainable housing standards: International Labour Organization (ILO).
CategoryRegulations and Policies
Housing standards
-
A separate bed for each worker; adequate headroom, providing full and free movement, of not less than 203 cm; the minimum inside dimensions of a sleeping space should be at least 198 cm by 80 cm; beds should not be arranged in tiers of more than two; bedding materials should be reasonably comfortable and should be designed to deter vermin.
-
Separate accommodation of the sexes.
-
A reading lamp for each bed.
-
Adequate supply of safe potable water.
-
Adequate lighting, sanitary facilities, ventilation, heating where appropriate, and furniture for each worker to secure his or her belongings.
-
Reasonable access to telephone or other modes of communications.
-
Common dining rooms, canteens, or mess rooms, located away from the sleeping areas.
-
Workers’ sleeping rooms: the floor area should not be less than 7.5 square meters in rooms accommodating two persons; 11.5 square meters in rooms accommodating three persons; or 14.5 square meters in rooms accommodating four persons. If a room accommodates more than four persons, the floor area should be at least 3.6 square meters per person.
-
Rooms should indicate the permitted number of occupants.
-
As far as practicable, sleeping rooms should be arranged so that shifts are separated and that no workers working during the day share a room with workers on night shifts.
Sanitation facilities
-
A minimum of one toilet, one wash basin and one tub or shower for every six persons.
-
Should be provided at a convenient location.
-
Should meet minimum standards of health and hygiene.
-
Should provide reasonable standards of comfort, including hot and cold fresh running water and an adequate stock of soap and hygienic paper.
-
Separate sanitary facilities for men and for women.
-
Should have ventilation to the open air, independently of any other part of the accommodation.
Table 4. Classification of housing vulnerability.
Table 4. Classification of housing vulnerability.
ClassificationClassification Criteria
Grade 1Violation of housing type
-
Makeshift buildings or shipping containers within vinyl greenhouses.
Grade 2Violation of supplementary facility requirements
-
No toilet or toilet located outside the dormitory.
-
No washing/bathing facility or has such facility located outside the dormitory.
-
No heating.
-
Non-compliance with regular electrical safety checks.
Grade 3Illegal accommodations that do not fall under Grade 1 or 2
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Nam, J.; Gong, K.; Jo, H. Conditions on the Sustainable Housing of Foreign Workers: A Case Study of Gyeonggi Province, South Korea. Sustainability 2023, 15, 9095. https://doi.org/10.3390/su15119095

AMA Style

Nam J, Gong K, Jo H. Conditions on the Sustainable Housing of Foreign Workers: A Case Study of Gyeonggi Province, South Korea. Sustainability. 2023; 15(11):9095. https://doi.org/10.3390/su15119095

Chicago/Turabian Style

Nam, Jeehyun, Keumrok Gong, and Heeeun Jo. 2023. "Conditions on the Sustainable Housing of Foreign Workers: A Case Study of Gyeonggi Province, South Korea" Sustainability 15, no. 11: 9095. https://doi.org/10.3390/su15119095

APA Style

Nam, J., Gong, K., & Jo, H. (2023). Conditions on the Sustainable Housing of Foreign Workers: A Case Study of Gyeonggi Province, South Korea. Sustainability, 15(11), 9095. https://doi.org/10.3390/su15119095

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