Laws: July, 2003 - Number #17

Japan is facing one of the industrial world's toughest demographic challenges, despite the fact that many Japanese work well into their 60s, and more than half of the elderly live with their relatives.

Japan has 127 million residents, including 1.7 million foreigners; 184,071 foreigners obtained permanent resident status in 2001. Japan removed 41,935 illegally present foreigners in 2002, including 80 percent who were working illegally, usually in the Tokyo area. South Koreans topped the list of foreigners who were forced to leave at 9,656; followed by 9,287 people from mainland China, excluding Hong Kong; 4,997 from the Philippines; 3,172 from Thailand; and 1,432 from Brazil.

Japan bans the entry of unskilled foreign workers, but there are proposals to allow nurses from the Philippines and Thailand. Some say a precedent was set in 2001 when Japan allowed IT professionals without a college degree to enter, although they had to pass a test to prove their skills. However, most Japanese maintain that the cost of immigration is "too high" for Japan to become an immigration country. Nobuko Fukuhara, a deputy director at Japan's immigration bureau, says that "If the public decides that it doesn't want immigrants and it doesn't care whether Japan maintains its productivity level, we can only make policy on that basis."

In 2002, some 250 foreigners applied for asylum in Japan. Fourteen, or six percent, were recognized as refugees, and several dozen more were given the right to stay, but not awarded refugee status. The government is considering allowing foreigners to apply for asylum up to six months after arrival (the current limit is 60 days after arrival); however, they would receive only temporary protected status in Japan.

American-born David Aldwinckle (Arudou Debito) who became a naturalized Japanese citizen and married a Japanese woman, was barred from a bath house in northern Japan, and sued its owners. The owners removed the offending sign, a court ruled that the bath house was wrong to discriminate against foreigners, but the city was not required to pass anti-discrimination laws (www.debito.org/).

Korea. Successful Koreans continue to emigrate, citing the opportunities in the US and elsewhere. During the 1970s and 1980s, many of the Korean emigrants were from the lower middle class, and emigrated to open small stores in the US and elsewhere that meant long hours but the opportunity for higher incomes.

In 1980, 30,000 Koreans immigrated to the US, compared to 6,700 in 2002. However, there are more "high achievers" among current immigrants, including Koreans who want elite English-language educations for their children that do not involve so much homework. Many Korean emigrants are able to sell their homes in Korea at high prices, and use the money to obtain an investor visa for the US.

South Korea had 289,494 unauthorized foreigners in April 2003, plus 72,000 legal trainees. Most of the illegals were trainees admitted to fill jobs in small manufacturing establishments who had run away from their employers, or entered as tourists and overstayed; they are being allowed to remain until August 2003, after which there is to be stepped-up enforcement.

The government wants to introduce a work permit system that would legalize some of them, but there is opposition from employers who fear that a foreign worker program, instead of a trainee program, will raise their labor costs. Employers blocked the proposal in the National Assembly, fearing that their costs would increase too much if they had to pay foreigners at least the Korean minimum wage.

Korean residents of Japan often complain that they must be fingerprinted. Korea has similar rules, requiring foreigners 20 and older living in Korea one year or more to be fingerprinted, but is considering relaxing the requirement.

Yoo Dong-ho, "Illegal aliens face mass deportation," Korea Times, June 17, 2003. Yoo Dong-ho, "Plan for foreigner work permits up in air," Korea Times, June 5, 2003. "Seoul to limit fingerprinting of foreigners," Korea Herald, June 3, 2003. Howard W. French, "Restless Koreans, Stifled at Home, Head Overseas," New York Times, May 16, 2003. David Pilling and Michiyo Nakamoto, "Japan facing choice between open borders or slow decline," Financial Times, February 4, 2003.