After 5 years of the Employment Permit System's effectivity it has provided jobs for more than 100,000 workers from poor asian countries like Vietnam, the Philippines and many other countries. Indeed it has provided opportunities for those who are financially disadvantaged and it has also succeeded in contributing to the economies of their homeland. On the Korean side, the workforce has provided labor. Labor that powers the Korean industries. Industries that made Korea what it is today, a Tiger Economy. The labor force that powers the Korean industries also contribute to the Korean economy by being consumers, investors and tax payers.

In this aspect it has mutually benefitted both the Host country and the sending country. On the other hand, although the system may have alleviated the migrant worker in terms of finance it can not be claimed that the migrant workers hold financial and job security. It is more evident now in light of the current economic crisis. Quite a considerable number of migrant workers have resigned, lost or are on the verge of losing their jobs due to very little work load, bankruptcy, unpaid wages, wage cuts etc.

These are but few of the reasons why migrant workers are disadvantaged by the current system of employment. Although it may be true for Koreans too, the company and government policy requires that native Korean  workers should have priority in terms of employment security.

The flawed system of employment aims to assure the stability of the labor force for Korean employers and yet the same system also fails to secure the migrant workers Labor and Human rights thereby presenting relational imbalance between migrant workers and the Korean employers.

The limitation of the migrant workers to change workplaces aims to limit the mobility of migrant workers. In effect, most migrant workers would suffer and endure labor law violations committed by their employers in exchange for job security.

In principle, according to the current system, the migrant workers share the same rights and are due to the same benefits that Korean workers have. In reality, it does not hold true. Even government agencies that were supposed to promote and protect the rights of the workers will  immediately aid employers instead of workers in resolving cases and labor problems. An example of this is, during the time of a workers release, the Korean Job Centers do not even verify the real reason why a contract between a migrant worker and an employer is terminated. Thus, in the event of a worker losing his employment for reasons that were not attributable to him/her was recorded as mutual agreement for termination of contract, he/she loses the right to a fourth workplace change. In this instance, the worker is left with the choice of staying in his/her company and endure his unfortunate situation or risk losing his E-9 visa status and work as an undocumented worker.

Majority of the Korean Small and Medium Scale companies either lack in-depth knowledge of the Korean Labor Law or simply refuse to follow what the law stipulates. It is obvious therefore that workers have very limited options when it comes to employment opportunities.

Another restriction that the Employment Permit System that is oppressive to the migrant workers is the three year restriction. Due to the short-term employment migrant workers have very limited earning potential. Therefore to compensate for this limitation, the migrant workers are left with no choice but to work harder and longer taking fewer rest hours and rest days. This enables them to earn more but at the expense of their health and safety. Industrial accidents usually occur when workers are not alert due to fatigue and lack of sleep. Aside from accidents workers also suffer from long-term health issues that may or may not be covered by industrial accident insurances and may require long-term medication or therapy. These may range from stress-related injuries/illnesses, respiratory ailments, blood poisoning(heavy metal poisoning), muscle and nerve damage, etc. In effect, the earnings that the have incurred during their stay in Korea would not even be enough to cover the health and medical cost when they return to their home countries.

Another factor in the current systems ineffectiveness may not be immediately evident  but the effects are more long-term. The migrant worker under the current system is unable to protect the family as a basic unit. The migrant workers are not allowed to take up temporary residency in Korea with their families and therefore the familial relationship of the migrant worker is continously threatened. Relationships between husband and wife are stressed without constant communication and inter-action. Children spending their time growing-up without a father or a mother figure may lead to problems in the future. A child with an absentee parent would usually lack the essential value(child -parent relationship) of the family unit and would find other people or other ways to compensate for this lack. These supplementary relationships or activity cannot adequately fill these needs and in some cases, it has even led to more problems like drug addiction, hostility and a lack of distinction between what is right and wrong, or what is morally acceptable and unacceptable.  

The current economis crisis has also made evident the imbalance between the Korean workers and the migrant workers. Employers enjoy the benefits of hiring migrant workers. Knowing that these restrictions limit the rights of the migrant workers they are inspired to abuse and disregard the migrant workers rights. Given the choice between workers they CAN abuse and workers(Koreans) whose rights they CAN'T abuse, they would rather employ migrant workers than native workers. Under the current economic crisis, migrant workers are being blamed for taking away the jobs that should have been for Korean workers. But the truth is, the system is to blame for this situation. If the law is applied equally, there should be equal opportunity and protection for everyone.

These are but some of the few cases that would reflect the ineffectiveness of the current system. The Emploment Permit System is flawed and it has failed to secure for migrant workers the most basic human and constitutional right, the right to live for the pursuit of happiness.