The Analysis on the Labor of the Interpreting and Translation Workers of the Family Center

The Analysis on the Labor of the Interpreting and Translation Workers

of the Family Center

 

Abstract

This paper suggests that the interpreting and translation workers of the Family Center, who are female marriage immigrants, are under the multi-discrimination based on race and gender. First, the wage discrimination against the interpreting and translation workers is analyzed. Unlike non-immigrant employees, the interpreting and translation workers are excluded from the seniority-based payment system, which results in the payment of the minimum wage level regardless of work experiences and the lack of promotion opportunities. Based on the legal principle of ‘equal pay for work of equal value’, this paper argues that applying the different salary system between immigrant workers and non-immigrant workers is a racial discrimination. Then, it suggests that the low wage, which is a characteristic of a female labor market, is also demonstrated in the case of the interpreting and translation workers.

. Introduction

The increase of the immigrant laborers and the international marriage in early 2000s of South Korea gave rise to the demand of the community interpretation. In order to support the immigrant employees involved in the labor disputes and assist the resettlement of marriage immigrants, the need to bridge a communication gap between immigrants and non-immigrants increased sharply.

The ‘community interpretation’ is defined as the interpretation service which enables the immigrants who are not familiar with the mainstream culture and official language of the community, to access the public service without language barriers.[1]Specifically, community interpretation can be divided into the translation related to the use of administrative and social welfare systems, the medical interpretation related to communication in medical institutions and the juridical interpretation related to communication in police stations and courts.

Responding to the rising demand, South Korean government created the job positions of community interpreters in different public institutions. For example, counsellors of Emergency Support Center for the Migrant Women, Danuri Helpline, interpreting and translation workers and bilingual coaches of Multicultural Family Support Center (renamed as ‘Family Center’ in 2020) provide translation for marriage immigrants’ safety and accessibility to the public services. Outsourcing the major projects of assisting immigrants, the Ministry of Gender Equality and Family is in charge of these institutions. The counsellors of Korea Support Center for Foreign Workers and Human Resources Development Service of Korea also provide translation and interpretation service related with labor conflicts and visa issues under the Ministry of Employment and Labor. The interpreting and translation workers primarily provide service to both immigrant and non-immigrant groups. They offer information and counselling service for immigrant employees and marriage migrants in their native language and assist non-immigrant families and related institutions by providing translation service in Korean.

The interpreting and translation worker is often referred to as the employees of the Family Center. According to Hong’s definition[2], it is the position that is created by the government in 2009, in order to provide marriage immigrants who are long-term residents with job opportunities to be professional interpreters, contributing to the resolution of lingual and cultural conflicts that early marriage immigrants go through. This paper follows Kim and Heo’s definition of the interpreting and translation worker[3] that widely includes all those who provide interpretation and translation service for marriage immigrants and migrant workers.

Despite the objective of creating positions for the community interpreter in public institutions, which is to make marriage immigrants who settled earlier help the new marriage immigrants, the interpreting and translation workers have been under the structural discrimination. According to the survey of the labor conditions of the interpreting and translation workers in 2020[4], 96.8% of 403 respondents answered that they are under the discriminatory treatment when compared to non-immigrant workers mainly in terms of the wage and promotion opportunities. In 2021, the non-government organizations for female migrants’ rights presented a petition regarding the wage discrimination against the immigrant workers to the National Human Rights Commission of Korea.

This paper suggests that the interpreting and translation workers are under the multi-discrimination based on their race and gender. It is grounded on a concept of ‘intersectionality’, introduced by a feminist legal theorist Kimberlé Crenshaw[5] Crenshaw criticized that the multi-layers of Black women’s experiences of oppression are easily neglected in the context of Black liberationist and feminist movement. Since the oppression of Black women is not a mere sum of race and gender discrimination, the limitation of approaches that focus on ‘race’ and ‘gender’ separately and exclusively is clearly uncovered by Crenshaw’s analysis. Bringing this concept to the study of female migrants, Jung noted that the idea of intersectionality, which suggests that diverse criteria including class, race, nationality, religion and age are integrated with gender and construct women’s identities, can be an effective tool to understand women of different identities.[6] Focusing on the marriage migrant women’s interpreting and translation work, Kim and Heo analyzed that it is a ‘gendered and ethnic labor’[7]. They are placed at the lowest part of Korean labor market, in terms of both race and gender, which is characterized by the low wage level and employment instability.

This paper analyzes the low wage of interpreting and translation workers of the Family Center based on their race and gender. In other words, this paper argues that the low wage is a result of a discrimination based on their identity of ‘immigrant’ from Asian developing countries and the identity of a ‘female’ laborer. First, the wage discrimination against the interpreting and translation workers is discussed. The paper argues that applying a different and separate salary system between immigrant and non-immigrant employees is not merely a ‘different’ treatment but a discrimination. Then, it suggests that the low wage, which is a characteristic of a female labor market, is also demonstrated in the case of the interpreting and translation workers.

II. The Analysis of the Wage Discrimination against Interpreting and Translation Workers of the Family Center

  1. Overview of Interpreting and Translation Workers in Family Center

The Multicultural Families Support Act was enacted in 2008 to ‘improve the quality of life of multi-cultural family members and the unity of society by helping multi-cultural family members enjoy stable family living’[8]. In order to achieve the purpose of this legislation, Multicultural Family Support Centers (renamed and integrated into Family Center in 2020) are established. According to the Ministry of Gender Equality and Family’s 2014 Multicultural Family Support Project Guide,[9]the marriage immigrant interpretation and translation service project recruits, trains and manages the interpreting and translation personnel to provide interpretation services that are necessary for marriage immigrants’ social lives at multicultural family support centers in each region. It outlines the aim of the project as to support marriage immigrants regarding the communication problems that are experienced in the early stage of settlement and to strengthen the economic and social capabilities of marriage immigrants by expanding their job opportunities.

Currently, 312 interpreting and translation workers and total of 180 bilingual coaches are working in the Family Center all over the country. They exclusively consist of marriage immigrants with certain level of certification[10]. The interpreting and translation workers provide extensive translation and interpretation services, from visiting hospitals and governmental institutions to offering a guidance for necessary public and legal services. The language distribution of the community interpreters accords with the nationality distribution of the visa issuance of the marriage immigrants.[11] The bilingual coach program was initiated in 2014, aiming to create an environment where children in multicultural families face less difficulty in communicating in both parents’ languages.

  1. The Wage Gap between the Non-immigrant and Immigrant Workers

Multicultural family support center carries out two differently categorized projects[12], which are basic project and specialized project. The basic project, which includes family communication and education, gender equality education, human rights, social integration and psychological counseling service, is carried out by all Family Centers. The specialized project, which includes bilingual coach, translation and interpretation service, depends on the characteristics and demands of each center. Thus, the interpreting and translation employees’ work constitute a part of the specialized project.

While the employees belonging to the basic project, who are mainly non-immigrants, are eligible for the payroll guideline by the Ministry of Gender Equality and Family[13], which follows the seniority-based pay system. In other words, while the basic salary of each position is fixed, each year of employment is acknowledged as qualifying professional experience and counted as a salary step, which is added to the basic salary every year. Furthermore, the requirements for the promotion such as the minimum employment period and the rules for the extra payments and benefits in addition to wages are also specified. However, none of these guidelines apply to the marriage immigrant workers of the specialized project. The only guideline regarding the salary for the specialized project is to pay at least the minimum wage. In 2020, the guideline was changed to pay at least 7.0% of the minimum wage in 2021 or at least 3.0% of the 2020 wage standard (the larger of the two) for the bilingual environment creation program for multicultural families.

It leads to a significant wage disparity between the non-immigrant and immigrant workers. The average wage of an administrative employee belonging to the basic project, whose professional experience is reflected to the incremental increase of one’s salary, is 34,284,000 won. However, the average wage of interpreting and translation workers is 25,612,000 won and that of the bilingual coach is 26,325,000 won, which is only 66% of the administrative employee of the basic project.[14]

In short, although the marriage immigrant employees worked for 10 years, they get paid the minimum wage for 10-year period at the same position, without promotions. A survey carried out by research on the marriage immigrant interpretation and translation service project, indicates that interpreting and translation workers are highly dissatisfied with their current salary level. While the positive response rate to the question “I feel a sense of achievement for my work” was very high at 89.7%, the negative response rate to the question that “I receive appropriate salary compared to my workload” was only 53.4%.[15] This research concluded that to improve the poor labor condition and low treatment of the interpreting and translation workers is the most urgent problem to be resolved.

This separate wage system results from the operational structure of the multicultural family support programs. The Multicultural Family Support Center was established as a delivery system to carry out the governmental family policies following the Framework Act on Healthy Families[16]. According to the Framework Act on Healthy Families, it is mandatory for the central and local governments to install and manage the Multicultural Family Support Center. As the budget for the center management comes from the Ministry of Gender Equality and Family, it regulates a guideline for the salary, promotion and extra payment for the basic project. However, in the case of a specialized project, the Ministry of Gender Equality and Family does not provide any guidelines for personnel expenses, letting the center decide whether to apply the seniority-based salary system and to pay the extra benefits in addition to salary.

As the financial situation of each center differs, it leads to another discrimination between the marriage immigrant workers. Even though they work on exactly the same task, depending on which center they work at decides whether they receive the extra benefits and the amount of that payment. For instance, if the center a marriage immigrant employee works for decides not to pay the extra benefits, an employee with more professional experiences can be paid less than the other with shorter experiences.[17] In November 17th 2021, the non-government organizations for female migrants’ rights including Women Migrants Human Rights Center of Korea and two interpreting and translation workers presented a petition to the National Human Rights Commission of Korea.[18] At the press conference, they criticized that the government is neglecting the poor working conditions of migrant female workers, suffering from low wages, high level of employment insecurity caused by split contract practices and the absence of promotion opportunities.

  1. The Response of the Government

However, the response of the Ministry of Gender Equality and Family was evasive, insisting that the wage system applied to interpreting and translation workers is ‘different’ from non-immigrant employees and it is not a ‘discrimination’. At the parliamentary inspection of the state administration in 2020, Kwon Insook, a member of the Democratic Party criticized the Ministry of Gender Equality and Family, arguing that ‘the differentiated wage system is a discrimination that should be immediately eliminated’[19]. The Ministry of Gender Equality and Family responded that it is planning to conduct the research and analysis of the task in order to improve the treatment of interpreting and translation workers’ and increased the labor budget for 2021 by 7% on average.[20]

But the Ministry of Gender Equality and Family was reluctant to acknowledge the discrimination between immigrant and non-immigrant employees. In response to the press report which pointed out the wage discrimination at the Family Center and denounced that the government treats migrant workers merely as ‘cheap labor’, the Ministry of Gender Equality and Family denied the existence of the wage discrimination. It argued that a job-based pay system is applied to the interpreting and translation workers of the Family Center, not a seniority-based pay system.[21] The job-based wage system refers to a wage system that assigns a grade based on the relative value of the job and makes it determine the relative wage level.[22] Under the system, employees that perform the same job are paid the same basic salary regardless of gender, employment type, years of service and educational background.[23] Hence, according to this argument, the salary of the translating and interpretation workers is determined by their job characteristics. Furthermore, it also claimed that the wage discrimination based on race does not exist because the seniority-based pay system identically applies to the marriage immigrants who are working for the basic project as well.

In 12th April 2022, the National Human Rights Commission of Korea dismissed the interpreting and translation workers’ petition that claimed their right to equality is violated by the wage discrimination of the Family Center. The National Human Rights Commission of Korea insisted that a different treatment between immigrant and non-immigrant employees does not lead to the conclusion that it is a discrimination against immigrant employees. In order for equal rights to be violated, the equal cases should be treated differently or different cases should be treated the same. But in this case, the National Human Rights Commission of Korea held that the employees belonging to the basic project and those belonging to the specialized project cannot be considered as identical cases. It is because the objective and major details of the project is differentiated and the qualification of the personnel of each project is also different considering that the translating and interpretation jobs are only open for marriage immigrants.[24] While dismissing the petition, the National Human Rights Commission of Korea commented that it is needed to examine whether the marriage immigrant employees’ wage is decided at the proper level when compared to the non-immigrant workers.

In short, while the Ministry of Gender Equality and Family and the National Human Rights Commission of Korea recognize the necessity to improve the current labor conditions of the interpreting and translation workers, both institutions did not acknowledge that the immigrant workers are under the discrimination based on their race.

  1. The Counterargument against the Government’s Response

The Ministry of Gender Equality and Family’s argument that the job-based payment system is applied to the translating and interpretation workers lacks evidence. It is obvious that the Family Center excluded the translating and interpretation workers from applying the seniority-based payment system. However, the Ministry of Gender Equality and Family’s annual guide of the multicultural family support project does not include any information regarding the wage system that is applied to the employees of the specialized project. It only states the minimum guide that they are paid at the level of the minimum wage of each year. Moreover, in order to apply the job-based payment system, a close examination and analysis of the task should be preceded because the wage level is determined based on the difficulty, importance, responsibility and the nature of the tasks. But the Ministry of Gender Equality and Family does not suggest any measure to evaluate the immigrant employees’ task of the specialized project. The only standard that it provides is that they are paid at the minimum wage level.

Both the Ministry of Gender Equality and Family and the National Human Rights Commission of Korea insist that the separate salary system of the Family Center is a just treatment based on the different nature of the tasks. Nevertheless, the difference between two projects does not justify that the specialized project should be evaluated lower than the basic project. The government’s response merely demonstrates and repeats the fact that two projects have different objectives and contents but does not explain why the employees’ labor of the specialized project is devalued in their wage system.

Although the employees of two different project groups perform different work, when it is work of the equal value, they should be paid equally. The legal principle of equal pay for work of equal value was clarified by the Supreme Court Decision 2002Do3883 delivered on March 14, 2003. The Supreme Court interpreted the ‘work of equal value’ of Article 6-2 (1) of the Equal Employment Opportunity Act. When comparing the work of men and women employees within the workplace, their work is of equal value if (i) the labor of men and women is identical, (ii) or has practically identical characteristics, (iii) or is evaluated to have equal value based on the objective measure even though employees perform different tasks.[25] The Supreme Court also stated that in order to decide whether it is the work of equal value or not, the employees’ skills, efforts, responsibilities, and labor conditions must be comprehensively considered. It is also included in the revision of the Equal Employment Opportunity Act, Article 8-(2) of the Equal Employment Opportunity and Work-family Balance Assistance Act.

Applying the legal principle of equal pay for work of equal value, the case of Family Center falls under the third category, which is evaluated to have equal value based on the objective measure even though employees perform different tasks. Non-immigrant workers of the basic project and immigrant workers of the specialized project perform different tasks. However, the current salary system of the Family Center unjustly devalues the labor of the immigrant employees without valid reasons. Based on the standard of the ‘objective evaluation’ that the Supreme Court suggested, not only the seniority-based salary system but also guidelines for the promotion and extra benefits in addition to wages that are applied to the basic project should be implemented in the specialized project as well. The Supreme Court exemplifies four scales to objectively evaluate the value of labor. ‘Skill’ means the job competency acquired by certificates, academic degrees, and professional experiences. ‘Effort’ refers to the physical and psychological efforts necessary to perform the task, which is the intensity of the labor. ‘Responsibility’ means the extent of the employer’s dependence on the work regarding the nature and complexity of the duty. ‘Labor condition’ is a physical work environment such as noise, heat, physical or chemical risks, etc.

Starting with ‘skill’, the recruitment qualification for the interpreting and translation workers and bilingual coaches requires marriage immigrants a certain level of language competency and knowledge. According to the 2021 Family Program Guidebook vol. 1 published by the Ministry of Gender Equality and Family, it is giving exclusive professional rights for the interpreting and translation workers to the marriage immigrants whose TOPIK level is 4 or above. The qualification for the bilingual coach requires more than two years’ residency, TOPIK sublevel 4 or above, bachelor’s degree or above. More importantly, the essential and distinct competency of the interpreting and translation workers and bilingual coaches’ tasks is that they continuously and directly communicate with the immigrants. Providing the community interpretation service to marriage immigrants and their families is not merely delivering the information but ‘sharing experiences and knowledge that has been accumulated during the employees’ settlement procedure.’[26] Hence, the accumulation of their professional experiences is expected to positively affect their job competency to deal with a wide range of immigrants’ cases. However, by excluding the marriage immigrant workers from applying the seniority-based payment system, the opportunity to reflect their improvement of job competency to their salary is fundamentally blocked.

In terms of ‘responsibility’, the actual employer of the interpreting and translation workers and bilingual coaches is not the Family Center but the Ministry of Gender Equality and Family. Although they sign an employment contract with the Family Center, it is the Ministry of Gender Equality and Family that decides the recruitment qualifications and labor conditions including salary, promotion, and extra payments. When analyzing the employer’s dependence on the specialized project, it is important to consider that the employees of the specialized project themselves are functioning as a channel to connect the multicultural families and the local community. The interpreting and translation workers, based on their own experiences as immigrants, support the immigrants who are facing the digital divide and the isolation at their early stage of settlement by providing essential information. The achievement of the marriage immigrant interpretation and translation service project is highly evaluated for contributing to the immigrants’ social integration.[27] It contributes to the stable settlement of marriage migrants by supporting them to overcome the language and cultural barrier. Furthermore, by hiring bilingual female marriage immigrants and utilizing their lingual and cultural resources effectively, the social costs to deal with cultural conflicts and train bilingual human resources was also largely reduced. The bilingual coaches also facilitate communication within a multicultural family by creating a bilingual environment. Hence, it is reasonable to draw a conclusion that the Ministry of Gender Equality and Family highly depends on the specialized project, which plays a crucial role of the social integration between immigrants and non-immigrants by managing and facilitating the communication.

When it comes to ‘effort’, the intensity of the labor of the community interpreters and the bilingual coaches is already a serious problem. According to the survey[28], most participants replied that they are not satisfied with their job because of the excessive workload. The bilingual coaches claimed that they had to work on the translation and interpretation services. The interpreting and translation workers were even performing the administrative tasks of the basic project. For example, they were promoting and supporting the programs of the center that do not belong to the specialized project. Therefore, it cannot be said that the employees of the specialized project have a low burden when compared to the employees of the basic project. Instead, due to the absence of legal protection, they are suffered from a heavy workload without any compensation. Finally, in terms of labor condition, as the employees of the basic project and the specialized project work at the same Family Center, they are under an identical physical work environment.

In summary, by applying four different standards of a legal principle about the equal pay for work of equal value, it becomes clear that the professional experiences and capabilities of the interpreting and translators were devalued when deciding their wage levels. It also obviously demonstrates that there is no clear evidence to evaluate the economic value of their task at the minimum wage level, which implies the urgent need for establishing the standard to closely analyze and evaluate the work of interpreting and translation workers. In order to specifically decide the wage in practice, more detailed and objective tool will be needed.

III. The Analysis of the Interpreting and Translation Work as a ‘Gendered’ Labor

Kim and Heo’s research provides a useful insight to understand the background of the fact that Korean government opens the interpreting and translation work exclusively for marriage immigrants, who are mostly female, which demonstrates a gendered nature of that labor. The ‘gendered and discriminatory-exclusive’ immigration policy of Korea led to the emergence of the marriage immigrants as interpreting and translation workers[29]. Since marriage immigrants are the only group that is allowed to settle without employment restrictions unlike any other immigrants, they could obtain the employment opportunities with the rising demand of the community interpretation. Early 2000s was the period when Korean government repealed the Industrial Trainee System and introduced the Employment Permit System, which gave a rise to the necessity of supporting immigrant employees who started to be protected by domestic labor laws. At the same time, the international marriage also sharply increased, which was mostly led by the rise of the international marriage brokers in Korea.[30] As the international marriage carried out by the brokers had a nature of an economic business without sufficient communication and understanding between a couple, the female marriage immigrants were to face not only the language and cultural barriers but also the conflicts within a family.[31]

Kim and Heo also pointed out that the reason that Korean government admitted an exception of allowing settlement and unrestrictive employment for female marriage immigrants is ascribed to their Korean husbands’ rights. It explains that the interpreting and translation job did not emerge before early 2000s even when the number of immigrant laborers noticeably expanded. The female marriage immigrants are considered to be integrated and absorbed into a Korean family by marrying to the Korean husband. This background behind the emergence of the interpreting and translation job clearly shows the gendered aspect of the work.

Not only in terms of the emergence of the interpreting and translation workers, but their labor conditions also show the gendered characteristics. In other words, the low wage and the unstable employment, which is caused by ‘split contracts’ to keep the employees as non-regular workers, are the major problems of the female labor market. The low wage is an important feature of the female labor market. According to Heo’s research, a majority of female workers belong to the lower labor market, which means female laborers are paid low wages.[32] In the research, the labor market was classified into upper, middle, and lower labor market based on the average monthly wage of 423 jobs during the period. While 73.7% of female laborers are concentrated in the lower labor market, which constitutes 59.1% of the total lower labor market, only 36.7% of male laborers belong to the lower labor market. Moreover, the low wage problem is aggravated in the case of non-regular female workers. According to research on female non-regular laborer’s wage conducted by the National Human Rights Commission of Korea[33], the wage of non-regular female workers was only 35.4% of that of regular male workers and 53.2% of that of regular female workers. The form of the employment as a ‘non-regular’ worker and the gender resulted in the wage disparity that non-regular female workers experience.

According to the survey, more than 91% of the interpreting and translation workers are under the unstable employment condition as non-regular employees.[34] Considering that more than 50% percent of the respondents have been working at the same workplace for more than 5 years[35], the interpreting and translation workers constantly have been suffered from instability despite their work experiences and professional capabilities. The absence of the legal protection for the interpreting and translation workers allowed the employers to continue a practice of ‘split contract’, which makes the employees move in and out repeatedly after working less than a year. The employers have been abusing a loophole in law by repeating to make a contract with an employee for 11 months continuously, which enables them not to give the severance payment for employees.[36] In short, as a non-regular female laborer, the interpreting and translation workers have been experiencing not only the low wage at the minimum level but also the unstable employment status, which are characteristics of a female labor market.

IV. Conclusion

The vulnerable status of the interpreting and translation workers of the Family Center is analyzed based on two different viewpoints. First, excluding the interpreting and translation workers from applying the seniority-based payment system unlike the non-immigrant employees and paying only the minimum wage of the year is a racial discrimination. While the government recognizes the need to improve the labor conditions, it is reluctant to acknowledge that the different treatment between immigrant and non-immigrant employees is a discrimination. The Ministry of Gender Equality and Family claimed that the job-based payment system is applied to interpreting and translation workers. The National Human Rights Commission of Korea dismissed the petition claiming the wage discrimination against the interpreting and translation workers, arguing that the separate salary system is a just treatment based on the different objective and task of the basic and specialized project.

However, the Ministry of Gender Equality and Family’s argument is countered by the fact that it has not established any guidelines for the wage system for the interpreting and translation workers except the payment of the annual minimum wage. Moreover, the scale and standard for evaluating the job of the interpreting and translation workers is indispensable to apply the job-based payment system. But while it specifically guides the wage level according to the seniority-based payment system and conditions for the promotion opportunities for the non-immigrant employees of the basic project, the only standard for the interpreting and translation workers was to pay not less than the annual minimum wage.

The differentiated salary system between the immigrant and non-immigrant laborers is a discrimination. The absence of the evaluation system that fairly examines and analyzes the value of the interpreting and translation workers’ job resulted in the devaluation of their labor in the Family Center. Based on the legal principle of equal pay for work of equal value, four types of the standard, which are skill, responsibility, effort and labor conditions can be applied to determine whether the labor value of the interpreting and translation workers is fairly evaluated. The analysis of ‘skill’ demonstrates that the job competency and professional experiences of the marriage immigrant employees is not reflected upon the current salary system. Also, the analysis of responsibility shows that the contribution of the translation and interpretation service and bilingual coach service to the enforcement of the family policies has been devalued. Moreover, according to the effort and labor condition analysis, it is obvious that the immigrant workers have been pushed to endure the overburdened workload without fair treatment. In short, despite the difference in characteristics of the job between the basic and specialized project, the rational ground that justifies the devaluation of the labor of the immigrant workers of the specialized project does not exist. Therefore, the current separate wage system that treats the work of equal value differently, is apparently a discrimination based on the race, which is a major difference between the employees of two projects.

Second, the low wage level and the employment instability of the interpreting and translation workers demonstrates its nature as a gendered labor, representing the characteristic of a female labor market. According to Kim and Heo’s research, the creation of the job of the interpreting and translation workers and opening it exclusively for the marriage immigrants already demonstrates its gendered aspect. Unlike any other immigrants in Korea, the marriage immigrants are the only exception who are allowed to settle and get the job without any restrictions in Korea. It is because the government expects the marriage immigrants to be integrated and absorbed into the Korean society through the marriage.

Thus, the interpreting and translation workers are at a vulnerable status at the workplace not only as an immigrant but also as a female non-regular laborer. The low wage at the minimum level can be explained in the context of both racial and gender discrimination. While the labor of the immigrant workers is devalued when compared to the non-immigrant workers, the low wage level, integrated with unstable employment, is also a major characteristic of a female labor market.

 

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Crenshaw, K., Demarginalizing the intersection of race and sex: a black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics, The University of Chicago Legal Forum (Special Issue: Feminism in the Law: Theory, Practice and Criticism), 139, 166(1989)

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[1] Jieun Lee & Chang Ai Li & Choi Moon Sun & Jiun Huh, A Case Study of T&I Services for Marriage Migrants and Multicultural Families, The Journal of Translation Studies, Vol.15, No.3, 177 – 178 (2014).

[2] Jong Myung Hong, A Study on Basic Analysis of KOP(Korean for Occupational Purpose) Curriculum for Women Immigrants — Focusing on KOP Education for Community Interpreters in Multi-cultural Family Support Centers, International Language & Literature, Vol.54, 567, 571 (2012).

[3] Kyounghee Kim, Youngsook Heo, A Study on an Ethnic Labor in Korea: Focused on Interpreting and Translation Job of Marriage Migrant Women, The Journal of Asian Women, Vol. 53-2, 75, 78 (2014).

[4] The presentation data for the debate session of the labor conditions of the female immigrant employees: interpreting and translation, bilingual workers (trans.by writer), 18.

[5] Crenshaw, K., Demarginalizing the intersection of race and sex: a black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics, The University of Chicago Legal Forum (Special Issue: Feminism in the Law: Theory, Practice and Criticism), 139, 166 (1989)

[6] Hyunjoo Jung, Theoretical Exploration of Migrant Women’s Location as Multicultural Borderers: Conceptual Application of Borderlands, Intersectionality, and Transposition to the Feminist Migration Study, Journal of the Korean Geographical Society, Vol.50, No.3, p. 289, 295 (2015)

[7] See generally supra note 3.

[8] Multicultural Families Support Act Article 1.

[9] The Ministry of Gender Equality and Family, Multicultural Family Support Project Guide, 3, 112 (2014).

[10] Rep. Kwon In-sook, Press release on the wage discrimination against marriage immigrant interpreting and translation worker, bilingual coach, 1, 2 (2020).

[11] Id. at 2.

[12] The Ministry of Gender Equality and Family, A Guide for Multicultural Family Support Program, 1, 97 (2015).

[13] The Ministry of Gender Equality and Family, A Guide for Multicultural Family Support Program, 1, 295 (2021).

[14] Supra note 8, at 3.

[15] Supra note 1, at 189.

[16] https://www.familynet.or.kr/web/lay1/S1T309C338/contents.do (last visited August 2022).

[17] A barrier of the “wage discrimination” against the female immigrants (trans. by writer), YTN, (August 14, 2022).

[18] The discrimination against the immigrant women in the government centers (trans. By writer), Hankookilbo, (August 14, 2022).

[19] Supra note 8, at 3.

[20] The Ministry of Gender Equality and Family, The written answer to the 382th parliamentary inspection of the National Assembly of the Republic of Korea, gender equality and family committee, 1, 39 (2020).

[21] https://www.korea.kr/news/pressReleaseView.do?newsId=156472905 (last visited August 2022).

[22] Schwab, D. P. and D. W. Wichern, “Systematic bias in job evaluation and market wages: implications for the comparable worth debate,” Journal of Applied Psychology 31, 353-364, (1983).

[23] Jeon, Byeol, Institution of Job Classification Wage and Legal Tasks for the Actualization of Equal Pay for Equal Work Principle, HUFS Law Review, The HUFS Law Research Institute, vol. 44, no.3, 393, 398, (2020.8).

[24] Supra note 18.

[25] The Supreme Court Decision 2002Do3883 delivered on March 14, 2003.

[26] Supra note 3, at 94.

[27] Supra note 1, at 198.

[28] Supra note 4, at 25.

[29] Supra note 3, at 79.

[30] See generally Hyun Mee Kim, Global Gender Politics of Cross-Border Marriage with a focus on marriages between Korean men and Vietnamese women, Critical Sociological Association of Korea

Economy and Society, Vol. 70, 10-37 (2006).

[31] See generally Jungsun Kim, The Critical Study of ‘Korean style’ Multiculturalism as Welfare Policy Excluding Citizenship, Critical Sociological Association of Korea, Economy and Society, Vol. 92, 205-246 (2011).

[32] Eun Heo, A Study on the Occupational Gender Segregation by the Layers of Labor Market: Focusing on the Forms of Vertical/Horizontal Segregation, Korean Journal of Sociology, Vol. 47, No. 2, 241, 252, (2013).

[33]National Human Rights Commission of Korea, Research on the wage of non-regular female workers, 1, 2 (2013).

[34] Supra note 4, at 20.

[35] Supra note 4, at 19.

[36] “Due to the split contract, I can’t get severance pay even after working for 3 years” … Migrant Worker’s Appeal (trans. by writer), Yonhap News, (August 21, 2022)

 

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Posted in Autumn 2022.