The Characteristic Points of the Multiculturalism in Korea
Korean society is currently undergoing a transition toward multiculturalism, despite its long-standing emphasis on a single ethnic identity. Although this shift began approximately half a century ago, it has not been accompanied by sufficient public discourse on multiculturalism. In the 21st century, however, there has been a notable influx of individuals from diverse national backgrounds, including marriage migrant women from Southeast Asia, foreign laborers, and international students. This rapid demographic change has brought about significant social transformations, particularly because earlier discussions and preparations for multicultural integration were limited. As a result, tensions have emerged, driven by the erosion of a homogeneous national identity and a sense of unfamiliarity with cultural diversity. These factors continue to shape the current state of multiculturalism in Korea.
Historically, Korea was once one of the poorest countries in the world and adopted overseas labor dispatch as a national policy to earn foreign currency. Korean men were sent to work in overseas mines, while women were dispatched as nurses, and the remittances they sent back played a crucial role in supporting their families and contributing to national economic growth. Today, however, Korea has become one of the world’s top ten economies and attracts foreign laborers seeking economic opportunities. Consequently, older generations tend to perceive immigrants primarily as workers from developing countries who have come to more advanced nations for financial reasons.
In contrast, younger generations, who have been exposed to diverse cultures through social media and the internet, tend to view immigrants more positively—as friends, colleagues, or cultural companions. They are more likely to approach multiculturalism from a cultural and social perspective rather than an economic one. Thus, while there is a general awareness of multiculturalism in Korean society, significant generational differences exist in how it is perceived and understood.
The development of a multicultural society typically progresses through two stages. The first stage involves demands for basic rights and fair economic treatment for immigrants, including the protection of fundamental living conditions. The second stage moves toward deeper social integration, emphasizing respect for cultural diversity and the coexistence of different identities. Due to generational differences in perception, Korean society currently exhibits characteristics of both stages simultaneously.
For example, issues such as wage arrears for foreign laborers reflect challenges associated with the first stage of multicultural development. Meanwhile, the younger generation’s growing interest in diverse cultural experiences—such as the increasing popularity of visiting a mosque in Itaewon as a social or dating destination—demonstrates movement toward the second stage. However, controversies such as perceived reverse discrimination in college admissions and employment opportunities related to policies supporting multicultural families highlight the complexity and ongoing tensions within Korea’s multicultural transition.
Korean Domestic Laws on Multiculturalism
As the proportion of multicultural populations in Korea continues to grow, the government has taken legislative measures to promote integration and improve the well-being of multicultural members. Although the Korean Constitution does not explicitly define “multiculturalism,” it provides a normative foundation by emphasizing human rights, equality, social security, and welfare. Within the statutory framework, the concept of multiculturalism is more concretely reflected in Article 2 of the Multicultural Family Support Act.
This Act aims to prevent the social exclusion of multicultural families and outlines the responsibilities of both the national and local governments to support their integration into society. However, it tends to conceptualize multicultural members primarily as recipients of welfare services rather than as active participants in society. The Act provides support in vulnerable areas, including measures to promote equal family relationships, protection and assistance for victims of domestic violence, healthcare support, and educational policies for children from multicultural families. While these measures are necessary, there is also a need to enhance broader social awareness and acceptance of cultural diversity.
The Immigration Control Act serves as the primary legal framework governing the entry, residence, and departure of foreign nationals. It is based on the premise that a certain level of regulation is necessary to maintain public order and manage foreign populations effectively. The Act defines key categories such as citizens, foreigners, and refugees, and sets out conditions for entry and residence based on specific purposes. It also includes penalty provisions to address public safety concerns. For instance, Article 62 provides for forced deportation, and paragraph 4 allows for deportation even before the completion of a refugee status determination process in certain cases. Nevertheless, such provisions should not be interpreted as discriminatory. Rather, they can be understood as regulatory mechanisms intended to facilitate the controlled integration of foreign nationals into Korean society.
The Refugee Act establishes the legal framework governing the recognition and treatment of refugees in Korea. It is based on international standards derived from the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol. The Act consists of six chapters, covering general provisions, procedures for refugee recognition, the Refugee Committee, treatment of recognized refugees, supplementary provisions, and penalties. Key elements include the definition of refugees (Article 2), the principle of non-refoulement (Article 3), provisions for the revocation of refugee status (Article 23), and the protection of individuals granted humanitarian status (Article 47). Together with the Cultural Diversity Act, the Refugee Act reflects Korea’s gradual transition toward a multicultural legal framework.
The Act on the Employment of Foreign Workers addresses domestic labor shortages while promoting the lawful employment of foreign workers. Under this Act, foreign workers are guaranteed rights comparable to those of Korean citizens, including protection under industrial accident insurance, minimum wage laws, and labor rights. Article 7(2) requires foreign job seekers to pass a Korean language proficiency test, facilitating their integration into the workplace. While the Act primarily aims to meet labor demands, it also functions as a mechanism for managing undocumented workers.
Overall, Korea’s legal system reflects an evolving understanding of multiculturalism, incorporating definitions of foreigners and refugees and establishing institutional frameworks for their management and support. However, these laws have been criticized for treating immigrants primarily as passive recipients of protection rather than as equal members of society. Increasingly, there are calls to recognize multicultural individuals as active participants in policymaking. Additionally, the relatively low refugee recognition rate suggests the need for further reforms to improve the effectiveness and inclusiveness of the legal system.
The Relationship Between Domestic and International Law
In international law, the 1951 Refugee Convention defines the legal status of refugees based on specific criteria: (1) the existence of a well-founded fear of persecution, (2) persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and (3) the individual’s presence outside their country of nationality. The first two criteria involve both objective and subjective elements. For example, individuals who are forced to leave their home country due to deprivation of basic means of subsistence may qualify as refugees, whereas those who migrate voluntarily for better economic opportunities generally do not.
These criteria are reflected in Article 2 of Korea’s Refugee Act, which defines a refugee as a foreigner who has a well-founded fear of persecution and is unable or unwilling to seek protection from their country of nationality.
At the international level, the United Nations High Commissioner for Refugees (UNHCR) plays a central role in determining refugee status and providing protection. However, contracting states retain the authority to assess and recognize refugee status through their domestic legal systems. In Korea, such procedures are governed by the Immigration Control Act and the Refugee Act.
The Refugee Convention intentionally employs broad and flexible language to encourage wider ratification, which has led to variations in how different countries interpret and apply its provisions. Consequently, discrepancies may arise between international standards and domestic legal definitions. Furthermore, differences exist in the scope of protection: while domestic law typically focuses on individuals seeking asylum within a specific country, the UNHCR operates with a broader mandate that extends beyond national boundaries.
In the field of migrant labor, both domestic and international legal frameworks are relevant. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) defines migrant workers and establishes their rights. However, many of its provisions are left to the discretion of individual states due to the limited binding force of international law and the significant impact of labor migration on national security, economic stability, and social conditions. Korea is not a signatory to the ICMW and is therefore not legally bound by its provisions. Nevertheless, given the increasing number of foreign workers and the growing importance of protecting their rights, Korea may consider aligning its domestic legislation with international standards and potentially ratifying the convention in the future.
To achieve the goals of social integration outlined in Korea’s multicultural policies, immigrants must acquire language skills and cultural knowledge necessary for active participation in society. Social integration programs in Korea provide education, information, counseling, and other services to support this process. Article 39 of the Immigration Control Act governs such programs, particularly for foreigners seeking to change their residency status or obtain Korean nationality.
Korea introduced its first comprehensive social integration program following the enactment of the Basic Act on the Treatment of Foreigners Residing in Korea in 2007. Article 11 of this Act provides for education, information dissemination, and counseling to help foreign residents acquire the skills needed for daily life in Korea. This legislation forms the foundation for broader immigration and multicultural policies aimed at facilitating the stable settlement of foreign residents.
In addition, the Multicultural Family Support Act provides various services, including family counseling, parenting education, language interpretation, legal counseling, and administrative assistance. These measures are designed to support multicultural families in adapting to Korean society and to promote social cohesion in an increasingly diverse population.