Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-06-19T21:32:12.188Z Has data issue: false hasContentIssue false

13 - The Rights of Noncitizenship

Migrant Rights and Hierarchies in South Korea

from Part IV - Shaping Rights for New Citizens and Noncitizens

Published online by Cambridge University Press:  17 April 2021

Celeste L. Arrington
Affiliation:
George Washington University, Washington DC
Patricia Goedde
Affiliation:
Sungkyunkwan University, Seoul
Get access

Summary

This chapter examines how the growth of multiple visa categories created to accommodate labor shortages within South Korea’s restrictive immigration regime has led to the development of noncitizen rights hierarchies. I focus on three visa categories that represent the largest migrant groups in Korea: migrant workers, co-ethnic migrants, and so-called marriage migrants. Migrant claims to rights overlap with those made by citizens in their fundamental conceptions of human dignity and their appeals for state protections. But the scope of their claims has tended to be specific to their migrant subcategories or visa statuses: labor protections for migrant workers, equality among co-ethnic migrants, and state protections for marriage migrants. Even within the single national context of Korea, the struggle for rights by one migrant group does not necessarily make their claimed rights universal, or even accessible, to others.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Arrington, Celeste L., and Moon, Yong-Il. 2020. “Cause Lawyering and Movement Tactics: Disability Rights Movements in South Korea and Japan.” Law & Policy 42 (1): 530.CrossRefGoogle Scholar
Chung, Erin Aeran. 2010a. Immigration and Citizenship in Japan. New York: Cambridge University Press.Google Scholar
Chung, Erin Aeran 2010b. “Workers or Residents? Diverging Patterns of Immigrant Incorporation in Korea and Japan.” Pacific Affairs 83 (4): 675–96.Google Scholar
Chung, Erin Aeran 2017. “Citizenship in Non-Western Contexts.” In Oxford Handbook of Citizenship, edited by Shachar, Ayelet, Bauböck, Rainer, Bloemraad, Irene, and Vink, Maarten P., 431–52. Oxford: Oxford University Press.Google Scholar
Chung, Erin Aeran 2020a. “Creating Hierarchies of Noncitizens: Race, Gender, and Visa Categories in South Korea.” Journal of Ethnic & Migration Studies 46 (12): 24972514.Google Scholar
Chung, Erin Aeran 2020b. Immigrant Incorporation in East Asian Democracies. New York: Cambridge University Press.Google Scholar
Chung, Erin Aeran, and Kim, Daisy. 2012. “Citizenship and Marriage in a Globalizing World: Multicultural Families and Monocultural Nationality Laws in Korea and Japan.” Indiana Journal of Global Legal Studies 19 (1): 195219.Google Scholar
Cohen, Elizabeth F. 2009. Semi-Citizenship in Democratic Politics. New York: Cambridge University Press.Google Scholar
Finnemore, Martha, and Sikkink, Kathryn. 1998. “International Norm Dynamics and Political Change.” International Organization 52 (4): 887917.CrossRefGoogle Scholar
Fishman, Robert M. 2017. “How Civil Society Matters in Democratization: Setting the Boundaries of Post-Transition Political Inclusion.” Comparative Politics 49 (3): 391409.Google Scholar
Goldring, Luin, and Landolt, Patricia, eds. 2013. Producing and Negotiating Non-Citizenship: Precarious Legal Status in Canada. Toronto: University of Toronto Press.Google Scholar
Gurowitz, Amy. 1999. “Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State.” World Politics 51 (3): 413–45.Google Scholar
Hahm, Chaihark. 2012. “Beyond ‘Law vs. Politics’ in Constitutional Adjudication: Lessons from South Korea.” International Journal of Constitutional Law 10 (1): 634.Google Scholar
Hammar, Tomas. 1990. Democracy and the Nation State: Aliens, Denizens, and Citizens in a World of International Migration. Brookfield: Gower Pub. Co.Google Scholar
Hollifield, James F. 2004. “The Emerging Migration State.” International Migration Review 38 (3): 885912.CrossRefGoogle Scholar
Hosoki, Ralph I. 2016. “The Potential Role of Migrant Rights Advocacy in Mitigating Demographic Crises in Japan.” In Japan’s Demographic Revival, edited by Nagy, Stephen, 285336. Singapore: World Scientific.Google Scholar
Hsia, Hsiao-Chuan. 2008. “The Development of Immigrant Movement in Taiwan: The Case of Alliance of Human Rights Legislation for Immigrants and Migrants.” Development and Society 37 (2): 187217.Google Scholar
Joppke, Christian. 1999. Immigration and the Nation-State: The United States, Germany, and Great Britain. Oxford: Oxford University Press.CrossRefGoogle Scholar
Kim, Andrew Eungi. 2009. “Global Migration and South Korea: Foreign Workers, Foreign Brides and the Making of a Multicultural Society.” Ethnic and Racial Studies 32 (1): 7092.CrossRefGoogle Scholar
Kim, Daisy. 2015. “Bargaining Citizenship: Women’s Organizations, the State, and Marriage Migrants in South Korea.” Ph.D. diss., Political Science, Johns Hopkins University.Google Scholar
Kim, Daisy 2017. “Resisting Migrant Precarity: A Critique of Human Rights Advocacy for Marriage Migrants in South Korea.” Critical Asian Studies 49 (1): 117.CrossRefGoogle Scholar
Kim, Hyun Mee. 2012. “The Emergence of the ‘Multicultural Family’ and Genderized Citizenship in South Korea.” In Contested Citizenship in East Asia: Developmental Politics, National Unity, and Globalization, edited by Chang, Kyung-Sup and Turner, Bryan S., 203–17. London and New York: Routledge.Google Scholar
Kim, Joon. 2003. “Insurgency and Advocacy: Unauthorized Foreign Workers and Civil Society in South Korea.” Asian and Pacific Migration Journal 12 (3): 237–69.Google Scholar
Kim, Nora Hui-Jung. 2008. “Korean Immigration Policy Changes and the Political Liberals’ Dilemma.” International Migration Review 42 (3): 576–96.Google Scholar
Kim, Samuel, ed. 2000. Korea’s Globalization. Cambridge: Cambridge University Press.Google Scholar
Kofman, Eleonore. 2002. “Contemporary European Migrations, Civic Stratification and Citizenship.” Political Geography 21 (8): 1035–54.Google Scholar
Korea Immigration Service, Ministry of Justice. 2010. K.I.S. Statistics 2009 (2009 Chulipguk oegukin tong’gye yonbo).Google Scholar
Korea Immigration Service, Ministry of Justice 2011. K.I.S. Statistics 2010 (2010 Chulipguk oegukin tong’gye yonbo).Google Scholar
Korea Immigration Service, Ministry of Justice 2017. K.I.S. Statistics 2016 (2016 Chulipguk oegukin tong’gye yonbo).Google Scholar
Korea Immigration Service, Ministry of Justice 2018. K.I.S. Statistics 2017 (2017 Chulipguk oegukin tong’gye yonbo).Google Scholar
Layton-Henry, Zig, ed. 1990. The Political Rights of Migrant Workers in Western Europe. London: Sage.Google Scholar
Lee, Chulwoo. 2010. “South Korea: The Transformation of Citizenship and the State-Nation Nexus.” Journal of Contemporary Asia 40 (2): 230–51.Google Scholar
Lee, Chulwoo 2012. “How Can You Say You’re Korean? Law, Governmentality and National Membership in South Korea.” Citizenship Studies 16 (1): 85102.Google Scholar
Lee, Hye-Kyung. 2008. “International Marriage and the State in South Korea: Focusing on Governmental Policy.” Citizenship Studies 12 (1): 107–23.Google Scholar
Lee, Sohoon, and Chien, Yi-Chun. 2017. “The Making of ‘Skilled’ Overseas Koreans: Transformation of Visa Policies for Co-Ethnic Migrants in South Korea.” Journal of Ethnic and Migration Studies 43 (13): 2193–210.Google Scholar
Lee, Yong Wook, and Park, Hyemee. 2005. “The Politics of Foreign Labor Policy in Korea and Japan.” Journal of Contemporary Asia 35 (2): 143–65.Google Scholar
Lim, Timothy C. 2003. “Racing from the Bottom in South Korea? The Nexus between Civil Society and Transnational Migrants.” Asian Survey 43 (3): 423–42.Google Scholar
Lim, Timothy C. 2006. “NGOs, Transnational Migrants, and the Promotion of Rights in South Korea.” In Local Citizenship in Recent Countries of Immigration: Japan in Comparative Perspective, edited by Tsuda, Takeyuki, 235–69. Lanham: Lexington Books.Google Scholar
Lim, Timothy C. 2010. “Rethinking Belongingness in Korea: Transnational Migration, ‘Migrant Marriages’ and the Politics of Multiculturalism.” Pacific Affairs 83 (1): 22.Google Scholar
Marshall, T. H. 1950. Class, Citizenship and Social Development. Cambridge: Cambridge University Press.Google Scholar
Merry, Sally Engle. 2006. “Transnational Human Rights and Local Activism: Mapping the Middle.” American Anthropologist 108 (1): 3851.Google Scholar
Milly, Deborah J. 2014. New Policies for New Residents: Immigrants, Advocacy, and Governance in Japan and Beyond. Ithaca: Cornell University Press.Google Scholar
Moon, Katharine. 2000. “Strangers in the Midst of Globalization: Migrant Workers and Korean Nationalism.” In Korea’s Globalization, edited by Kim, Samuel, 147–69. New York: Cambridge University Press.Google Scholar
Morris, Lydia. 2002. Managing Migration: Civic Stratification and Migrants’ Rights: London and New York: Routledge.Google Scholar
Park, Jung-Sun, and Chang, Paul Y.. 2005. “Contention in the Construction of a Global Korean Community: The Case of the Overseas Korean Act.” Journal of Korean Studies 10: 127.Google Scholar
Seol, Dong-Hoon. 2000. “Past and Present of Foreign Workers in Korea 1987–2000.” Asia Solidarity Quarterly 2: 117.Google Scholar
Seon, Dam-eun, and Ahn, Kwan-ok. 2019. “Video of Migrant Woman Being Abused by Husband Incites Public Outrage.” Hankyoreh Sinmun, July 8, 2019. http://english.hani.co.kr/arti/english_edition/e_national/900962.html. Accessed January 21, 2021.Google Scholar
Shin, Gi-Wook. 2006. Ethnic Nationalism in Korea : Genealogy, Politics, and Legacy, Studies of the Walter H. Shorenstein Asia-Pacific Research Center. Stanford: Stanford University Press.Google Scholar
Shipper, Apichai W. 2008. Fighting for Foreigners: Immigration and Its Impact on Japanese Democracy. Ithaca: Cornell University Press.Google Scholar
Smart, Alan, and Smart, Josephine. 2008. “Time-Space Punctuation: Hong Kong’s Border Regime and Limits on Mobility.” Pacific Affairs 81 (2): 175–93.Google Scholar
SOPEMI. 2008. International Migration Outlook: Annual Report. Paris: Organisation for Economic Co-operation and Development.Google Scholar
Soysal, Yasemin Nuhoglu. 1994. Limits of Citizenship: Migrants and Postnational Membership in Europe. Chicago: University of Chicago Press.Google Scholar
Tsutsui, Kiyoteru, and Shin, Hwa Ji. 2008. “Global Norms, Local Activism, and Social Movement Outcomes: Global Human Rights and Resident Koreans in Japan.” Social Problems 55 (3): 391418.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×