The Royal Thai Police's Anti-Trafficking in Persons Division (ATPD) is stepping up efforts to investigate websites run by companies intent on duping Thais, known as "little ghosts", into working in South Korea illegally.
"We have been investigating websites run by these companies since South Korea reopened [after Covid-19 eased]. A check has found there are many companies deceiving Thai workers," said Pol Maj Gen Sarut Kwaengsopha, commander of the ATPD.
"Some workers were sent there only to find they could not work legally. Don't believe those companies. Looking for work with the Department of Employment is the safest option," he added.
Pol Maj Gen Sarut said these companies violated the Employment Arrangement and Job-seeker Protection Act by advertising jobs without authorisation, which carries a potential jail term of 3-10 years, as well as deceiving others about jobs overseas, which carries a potential jail term of 3-10 years and/or a fine of between 60,000-200,000 baht.
Problem resurfaces
The problem involving "little ghosts" in South Korea has re-emerged since Thailand and South Korea lifted travel restrictions after Covid-19 eased, prompting many labour exporters to return to sending Thai workers there illegally.
South Korea has been a destination for Thai workers for the past 20 years mainly because daily wages there are five to seven times higher than in Thailand, but workers can work there legally only via the employment permit system (EPS) operated by the Human Resources Development Service of Korea.
The worker system involves govern- ment-to-government arrangements designed to negate the need for excessive brokerage fees of between 150,000 and 200,000 baht charged by unscrupulous companies in both countries.
These hefty fees are one reason Thai workers choose to sneak into South Korea illegally to find work there instead of going through the official channels.
Thailand and South Korea have enjoyed close ties and reached agreements to promote tourism.
Thai travellers do not need a visa to enter South Korea, and South Korean visitors to Thailand are also granted visa-free entry.
Many Thai job-seekers have exploited this to enter South Korea as tourists before drifting away from their group tours to take prearranged jobs in the grey economy.
South Korean immigration authorities are now cracking down on Thais entering the country.
On April 14, a Facebook Page named Big Kren posted a message about a Thai woman who died in South Korea.
The page was looking for the relatives of the woman and gave the telephone number of the Thai embassy in South Korea so they could arrange the collection of her body from a local hospital.
Prior to her death, the woman, identified as Namphet Tathaisong, from Chaiyaphum's Nong Bua Daeng district, had been detained for illegally working in the country and was awaiting repatriation to Thailand.
Her condition worsened before she was sent to hospital, where she was later pronounced dead.
Her older brother later posted on Facebook that she had died of lung inflammation.
Her story is another example of the sort of ordeal experienced by many illegal Thai workers in South Korea.
Reena Tadee, a researcher at Mahidol University's Institute for Population and Social Research, said that illegal Thai workers in South Korea are divided into three groups.
The first pretend to be tourists to gain entry into the country to find work before overstaying their 90-day visa exemption period, while another similar group hop in and out of the country to maintain their legal 90-day status but engage in illegal work during those periods.
The third group are Thai workers who enter having met the requirements of the EPS, but change workplaces without informing authorities, she said.
They change jobs because they claim they did not receive payment as promised under contracts or work without overtime pay, or experience unpleasant working conditions, Ms Reena said.
In some cases, their contracts had expired, but they refused to return to Thailand but kept on working there without permission, she said.
System flawed
Ms Reena said some workers told her that a help centre set up as part of the EPS system did little to help Thai workers when employers cheated on their pay, were slow to pay, or refused to approve their request to change jobs.
"The centre did nothing much. It spoke to the employer over the phone, and that's it. That's why workers feel they have no one to turn to for help.
"The only way is to leave their job and find a new one with the help of their acquaintances or the network of Thai workers in South Korea,'' Ms Reena said.
Under the EPS system, a work contract lasts three years, and a worker can change jobs three times with the consent of their employer. Without that consent, workers cannot change workplaces, she said.
When workers are unemployed, they have nowhere to sleep because they can no longer stay in accommodation provided by employers, and they have to stay in their friend's rooms, churches or temples, she said.
"Some have to endure this ordeal for quite a while until they find employers they feel are okay," she said.
She also explained the job requirements under the EPS. For example, workers must be 18-39 years old and must pass the test of proficiency in the Korean language (TOPIK).
The test often proves too tough for Thai workers, she said, adding those who meet the requirements are then added to the list of permitted overseas job-seekers for two years.
However, this does not guarantee that every worker will get a job because it is up to employers to choose them from the roster, she said.
After two years, if they do not get a job, they will be removed from the list, and if they want to work in the EPS system, they must take the TOPIK again, she added.
Ms Reena said men stand a better chance of getting a job than women, particularly physically demanding jobs at industrial factories. "This is another factor which forces female workers to become illegal workers or 'little ghosts', " she said.
She added some Korean employers choose to employ illegal workers partly because the EPS imposes tough requirements on them.
For example, employers who want to hire foreign workers under the EPS system must have their background checked by authorities, while their workplaces and accommodation for workers must meet specific requirements.
Before they are allowed to hire foreign workers, they must also prove that they already tried and failed to hire Korean nationals for the roles, she said.
There is also a quota on foreign labour imposed on each factory, forcing them to hire illegal workers to supplement their workforce, Ms Reena said.
According to South Korea's immigration office, there were more than 2.14 million foreign immigrants living there as of Jan 31.
Of them, more than 195,000 were Thais. Some 48,129 were legal migrants, and the rest were illegal migrants.