3 Guidelines for Recruitment of Korean Workers (homeland guidelines)

1. Policy

Industries employing persons who were recruited in Korea and emigrated from Korea to the homeland shall be limited to designated defense industries (industries operating in accordance with plans for implementing the mobilization of workers) and their administration shall in principle be conducted according to these Guidelines.

2. Application

• Employers seeking to recruit and employ workers from Korea shall submit five originals and copies of a Korean worker recruitment and employment request indicating the following matters to the prefectural governor via the employment placement office with jurisdiction over the location of employment.

• Legal domicile, address, name and age of the party seeking to recruit workers and, in the case of a company, its register, location of the main business office, directors, and other executives carrying out the company’s business
• Reasons for seeking to recruit Korean workers (details such as how busy the industry is, shortages of workers and methods for dealing with the shortages, failure to fulfill original objectives after recruiting workers from the homeland, etc.)
• Types of work to be undertaken by migrant workers, location of workplace, and register of names
• Number of workers (by gender and by Japanese and Korean workers) currently employed in the work to be undertaken by migrant workers
• Nature of work to be undertaken by migrant workers
• Number of migrant workers (number of single workers, number of workers wishing to be accompanied by family)
• Region of recruitment in Korea, period of recruitment, and method of recruitment
• Methods of supervision and protection
• Working hours, rest hours, days off, and nighttime work of migrant workers
• Wages and other allowances and their payment, and ways to pay for meals, public baths, bedding, and other expenses required for everyday living
• Matters related to punishment when stipulated
• Situation of housing and training facilities
• Welfare facilities and method of guidance
• Period of employment, matters related to dismissal, and ways to pay for return trips to Korea
• Method of providing assistance in the event of injury, illness or death, and method of bearing round-trip travel costs of parents, siblings and others

• Employment placement offices receiving a request stipulated in the previous clause shall examine its contents, send a copy of the request to the related police station and, if it is determined upon discussion that there is no problem with such employment and that it is difficult to augment the workforce with workers from the homeland, shall deliver the original and three copies, with the copy of the application attached, to the prefecture concerned.
• In the prefecture concerned, after the matter has been examined and it is recognized that there is no problem either from the viewpoint of the department of foreign affairs regarding adjustment of the supply of workers and the Kyowa program, or from the viewpoint of the police department regarding security, the recruited employees shall be authorized upon the approval of the Ministry of Welfare and notification of this shall be sent to the Governor-General of Korea, with a copy of the request attached.
• When the prefectural governor deems it necessary, for the protection of the migrant Korean workers, a sworn statement or a sum of money may be requested from the employer.

3. Passage

• Recruited migrant workers shall be limited to persons who are sound in thought, background, and body, who understand the Japanese language to the extent possible, and concerning whom the chief of the police station with jurisdiction over their place of residence in Korea recognizes that there is no problem concerning their passage to the homeland.
• Passage to the homeland shall be conducted collectively. The employer or its responsible representative must be in charge of the group and the expenses of the passage of Koreans from their place of residence to their place of employment shall be borne by the employer.
• In accordance with the regulations on handling of workers issued by the Governor-General of Korea, the employer or person in charge shall submit a register of the recruited workers to the chief of the police station with jurisdiction over the port of embarkation and shall receive a certificate of passage.
• The employer or the person in charge shall submit in advance a register of the migrant Koreans to both the chief of the police station and chief of the employment placement office with jurisdiction over the port of disembarkation and the location of employment and to the related Kyowakai organization.
• The chief of the police station and chief of the employment placement office with jurisdiction over the port of disembarkation and the location of employment in the homeland shall effectively communicate with the police station with jurisdiction over the port of embarkation in Korea regarding the passage.
• The chief of the police station and chief of the employment placement office with jurisdiction over the port of disembarkation and the location of employment in the homeland, and the related Kyowakai organizations, shall keep in close contact and take the necessary measures for the protection of the migrant workers.

4. Measures after Arrival

• When the migrant Koreans arrive at their place of employment, the employer shall promptly notify the chief of the police station and chief of the employment placement office with jurisdiction over the location of employment and the related Kyowakai organization of the legal domicile, name and age of the migrant workers, as well as the names, relationship with the worker, and ages of their family members.
• The employer shall, in accordance with the instructions of the chief of the police station and the chief of the employment placement office with jurisdiction over the location of employment and the related Kyowakai organization, provide the Korean migrants with work guidance, training, life guidance, and take any other measures required for their protection.
• The employer shall immediately notify the chief of the police station and chief of the employment placement office with jurisdiction over the location of employment and the related Kyowakai organization regarding the transfer, serious injury or illness, or death of migrant Koreans, and the approval of the chief of the police station shall be required regarding dismissal.
• At the end of each month, the employer shall notify the governor of the prefecture concerned of the working conditions, wages, and living conditions of the migrant Koreans.
• Migrant Koreans will be issued with a membership certificate directly from the Kyowakai organization and shall be required to carry this certificate at all times. The matters that are to be indicated on the membership certificate and notebook to be issued shall be stipulated separately by the related Kyowakai organization.
• In the event that the employer violates the instructions of the related authorities, according to the circumstances, the employer may not be permitted to thenceforth engage in the new recruitment of Korean workers.