Immigration Laws: February, 2002 - Number #17

There were 636,548 Korean nationals in Japan in 1999; 233,920 ethnic Koreans obtained Japanese nationality between 1952 and 1999.

The Tokyo District Court ordered immigration authorities to consider an asylum application from an Ethiopian; it had been rejected because it was not filed within 60 days of entering Japan. The Court said no other developed country sets a deadline for those seeking asylum, but the Justice Ministry's Immigration Bureau said it has "never heard of" such a ruling and will appeal.

Japan is changing, becoming more unequal, a sharp change for a country in which 90 percent of residents describe themselves as "middle class." Income disparities grew nearly 50 percent between 1995 and 2000, as middle-class residents moved up the income ladder, or slipped down, shrinking the middle class. The consequences include lower marriage and birth rates and higher divorce rates. Unemployment is at a record 5.5 percent, more Japanese work part-time, and one million Japanese receive state welfare assistance.

The era of "Japan Inc." -- the promise of lifetime employment, promotions and pay based on seniority, industries acting in collusion rather than competition- is ending, and the economy and labor market are becoming more like those in other industrial democracies. Year-end bonuses, which account for as much as 20 percent to 30 percent of annual income for employees of private firms, were down for the fifth straight year in 2001.

Korea. The Ministry of Labor is proposing a new law to go into effect in June 2002 that would make it easier for foreign workers to find Korean jobs. Under the proposed law, foreigners seeking Korean jobs would file applications with their local labor authorities, who would forward them to Seoul, and then distribute the applications to Korean employers. Those selected would receive three-year work permits and be covered by Korean labor laws, including minimum wages, overtime and pensions.

There are about 250,000 illegal foreign workers in Korea, including 49,000 who were industrial trainees. The industrial trainee system would be continued alongside the new guest worker program, with the quota raised from 83,800 to 85,500 for 2002. Under new rules, industrial trainees must take out retirement insurance, and have forced savings deducted from their pay that they will receive only when they return to their countries of origin- these moves are aimed at discouraging them from absconding. Trainees come from 14 countries, including China, Vietnam and Mongolia.

The number of trainees admitted for construction will increase from 2,500 in 2001 to 10,000; about 1.7 million workers are employed in construction.