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Government Strengthens Field Identification of Forced Labor Involving Migrant Fishery Workers

  • Date

    2026.09.07.

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Government Strengthens Field Identification of Forced Labor Involving Migrant Fishery Workers
- Ministry of Gender Equality and Family issues revised public notice on Indicators for the Identification and Protection of Victims of Human Trafficking
- Action follows recommendations from the US Department of State Trafficking of Persons Report, enhancing protections against forced labor across the fishing sector


The Ministry of Gender Equality and Family (MOGEF)—led by Minister Won Min-kyung—announced that the revised public notice on the Indicators for the Identification and Protection of Victims of Human Trafficking takes effect on Thursday, September 3 to facilitate the early detection and protection of migrant fishery workers subjected to forced labor and trafficking.
* Indicators that serve as objective criteria used during investigations and workplace inspections under Article 13 of the Anti-Trafficking of Persons Act to identify potential victims

Developed in close coordination with the Ministry of Oceans and Fisheries (MOF) led by Minister Hwang Jongwoo, this revision implements recommendations from last year's Trafficking of Persons Report (TIP Report) issued by the US Department of State. The revision aims to reflect directly the on-the-ground conditions across distinct maritime subsectors including distant-water fishing, aquaculture, and salt farms, as well as diverse employment arrangements.

Given the vulnerabilities and physical isolation experienced by migrant fishery crew working on vessels at sea or in remote worksites, the revised indicators feature concrete, sector-tailored criteria designed to help inspectors and investigators detect indicators of abuse more rapidly and reliably.

Key updates expand on the indicators of economic coercion, such as forcing workers to transfer wages to third-party bank accounts, subjecting them to high-interest loan agreements, and failing to pay repatriation expenses upon disembarkation at a port other than the crew member's place of residence. The framework also establishes new indicators for physical and emotional coercion including demanding debt repayments from workers' families, detaining workers prior to boarding, and implementing discriminatory access to on-board communication equipment.

The revision explicitly specifies nationality-based discrimination in working conditions and sanitation and health facilities—including imposing unfair treatment by threatening to refuse contract extensions—as criteria for determining exploitation. It also stipulates that victims will be effectively protected under the law as victims regardless of prior consent to exploitation or any offenses committed during the trafficking process.

“Migrant workers in the fishing sector often work on vessels or at remote worksites where they can easily become isolated from the outside world, making it difficult for cases of abuse to come to light and leaving vulnerable workers at risk of forced labor. Through these revised indicators, we will work to identify signs of abuse more closely in the field so that victims can be detected and protected at an early stage,” said Kim Seong-cheol, Director General for Safety and Human Rights Policy at MOGEF.

According to Director General Kim Hye-jeong of MOF’s Shipping and Logistics Bureau, the specialized indicators for the fishing sector were jointly developed through consultations with MOGEF, civil society organizations (NGOs), and seafarers' unions. “With the addition of fishing-specific criteria to the existing identification indicators, we expect the revised indicators to greatly help prevent forced labor and protect the human rights of migrant workers in the fishing sector,” she added.

Attachment: Partial Revision of the Public Notice on Indicators for the Identification and Protection of Victims of Trafficking of Persons, etc. (1 copy)

Partial Revision of the Public Notice on Indicators for the Identification and Protection of Victims of Trafficking of Persons, etc.

Portions of the Public Notice on Indicators for the Identification and Protection of Victims of Trafficking of Persons, etc. are revised as follows:
In the attached table, under Item 1, Sub-item (d), the term “act” is replaced with “committed a crime during the course of trafficking persons, etc., or act,” with a note added immediately following the sub-item as follows:
Article 4 (Consent of Victims, etc.) of the Anti-Trafficking of Persons Act: (1) Where any act falling under any sub-item of Article 2, Item 1 has occurred, the consent of a crime victim to exploitation shall not affect the criminal liability of a person who has committed trafficking of persons, etc. (2) The punishment for a criminal act committed by a victim in the course of the trafficking committed against that victim may be mitigated or remitted.
Under Item 2, Sub-item (b), Economic Means of Control, in the second circle item, "security deposit against departure" is amended to "security deposit against departure, provision of collateral, etc."; a dash item is inserted immediately following the second dash item in the same circle item as follows; and under "Note: (Examples of Debt)" in the same circle item, "advance payments, etc." is amended to "advance payments, execution of high-interest loan agreements, joint and several guarantees, etc.":
- After wages were deposited to an account under the worker's own name, a specified amount was automatically transferred or wired against the worker's will, or the worker was compelled to pay in cash to the account of a broker, the employer, or a designated third party.
Under Item 2, Sub-item (b), Economic Means of Control, circle items are inserted immediately following the third circle item as follows:
○ Unable to review an employment contract translated into an understandable language prior to commencing work.
○ Faced practical restrictions in receiving actual wages due to being charged prices well above the market value for daily necessities or having such costs directly deducted from wages.
○ (Fisheries) A seafarer was not provided the minimum statutory repatriation expenses necessary to return home upon disembarking at a port other than his residence or the location where the seafarer employment contract was executed.
Under Item 2, Sub-item (b), Physical Means of Control, a dash item is inserted immediately following the second circle item as follows:
- (Fisheries) Hired under the assumption of performing simple manual labor in the fishing sector, but placed on a distant-water fishing vessel or assigned to tasks not specified in the contract.
Under Item 2, Sub-item (b), Physical Means of Control, dash items are inserted immediately following the fifth circle item as follows:
- Neglected or denied appropriate medical treatment despite having confirmed injuries or otherwise requiring treatment.
- (Fisheries) Paid higher costs for meals, etc., than Korean seafarers without justifiable grounds, or subjected to discriminatory treatment regarding the quantity of provisions supplied.
Under Item 2, Sub-item (b), Physical Means of Control, in the seventh circle item, "mobile phones, etc." is amended to "use of mobile phones, Internet, etc.," with a dash item inserted immediately following the same circle item as follows:
- (Fisheries) Restricted from using personal communication devices without justifiable grounds, or subjected to unfavorable restrictions in using on-board communication systems such as the Internet unlike other crew members without reasonable grounds.
Under Item 2, Sub-item (b), Physical Means of Control, circle items are inserted immediately following the eighth circle item as follows:
○ Substantively impossible for workers to access external support organizations (labor authorities, police, counseling centers, etc.) independently through measures such as prohibiting direct consultations with employers or public officials or controlling individual meetings.
○ Brokers acting as if they were government representatives and exclusively handling documentation.
○ (Fisheries) Confined in locations with restricted freedom of movement after entering Korea and before boarding a vessel (or after disembarking prior to returning home).
○ (Fisheries) Restricted in freedom of movement without justifiable grounds, such as refusal to issue shore passes or prohibition of shore leave when docked at port.
○ (Fisheries) Encountered difficulty in changing workplaces due to refusal to issue a consent form for workplace change even when normal fishing operations were impossible.
Under Item 2, Sub-item (b), Emotional Means of Control, in the first circle item, "through intimidation" is amended to "through intimidation or by demanding that family members perform their debt obligations"; in the second circle item, "driven out of the country" is amended to "driven out of the country or workplace"; and in the sixth circle item, "no address, location, etc. at all" is amended to "no address, location, fishing and voyage plans, etc. at all."
Under Item 2, Sub-item (b), Emotional Means of Control, circle items are inserted immediately following the sixth circle item as follows:
○ Unfairly held liable for mistakes or equipment damage occurring during the performance of duties, or accepted unfair treatment without refusal due to a sense of indebtedness regarding such occurrences.
○ Compelled to use scripted questions and answers in preparation for contact with external organizations, or subjected to surveillance during such contact processes.
○ Compelled to endure unfair treatment after being led to believe that raising legitimate complaints regarding the working conditions (wages, accommodations, working hours) could result in the suspension of seasonal worker dispatch, refusal of contract extension, refusal of reentry recommendations, visa invalidation, or deportation.
○ (Fisheries) Continuously notified that disembarking would result in being barred from boarding vessels in the region through local shipowner networks.
○ Compelled to accept unfair working conditions as a condition for extending the employment period.
Under Item 2, Sub-item (c), Common Elements, in the first box item, "having wages or severance pay deducted" is amended to "having all or part of wages or severance pay deducted or withheld"; in the fourth box item under Labor Exploitation Elements, "provision of food and lodging, etc." is amended to "provision of food and lodging, sanitation and health facilities, etc.," and "was not guaranteed" is amended to "was not guaranteed, or subjected to discrimination or unfavorable restrictions in the working conditions based on nationality without reasonable grounds"; in the fifth box item under the same elements, "compelled, and" is amended to "compelled, or."Supplementary Provision

This Public Notice shall enter into force on the date of its promulgation.

Indicators for the Identification and Protection of Victims of Trafficking of Persons, etc. (Related to Article 2)


1. General Standards of Application
a. The Indicators for the Identification and Protection of Victims of Trafficking of Persons, etc. (hereinafter referred to as "Victim Identification Indicators") are standardized indicators developed to support the prompt and accurate identification and investigation process of victims of trafficking of persons, etc. (hereinafter referred to as "victims"). Public officials and relevant personnel under Article 13 of the Act on the Prevention of Trafficking Persons and Protection, etc. of Victims (hereinafter referred to as the "Act") shall actively utilize the checklists corresponding to the act, means, and purpose of the indicators below to verify the victim status upon suspecting an individual to be a victim or upon receiving a report of victimization.
b. The head of the relevant agency pursuant to Article 13, Paragraph 1 of the Act may add indicator items or adjust the wording from a victim-centered perspective, considering characteristics such as nationality, sex, age, and occupation of persons who have suffered harm from trafficking of persons, etc. (hereinafter referred to as "potential victims").
c. Pursuant to the proviso of the latter part of Article 2, Item 1 of the Act, children, adolescents, or persons with disabilities may qualify as victims even if their situation does not meet the items under the means category in the indicators below.
d. Potential victims shall be recognized as victims regardless of whether they committed a crime during the course of trafficking in persons, etc., or consented in advance to any element of the “act,” “means,” or “purpose.”
Note: Article 4 (Consent of Victims, etc.) of the Anti-Trafficking of Persons Act: (1) Where any act falling under any sub-item of Article 2, Item 1 has occurred, the consent of a crime victim to exploitation shall not affect the criminal liability of a person who has committed trafficking of persons, etc. (2) The punishment for a criminal act committed by a victim in the course of the trafficking committed against that victim may be mitigated or remitted.

2. Detailed Checklist Items of the Victim Identification Indicators
a. Items corresponding to the "act" of trafficking persons, etc. are as follows:

b. Items corresponding to the "means" of trafficking persons, etc. are as follows:


Examples of "Other Equivalent Means" among the aforesaid elements are as follows:
□ Economic Means of Control
○ Unreasonably high deductions or wage cuts made from wages or severance pay without the worker's consent through unfair workplace rules.
○ Experienced one or more of the following through constraints such as debts incurred/accruing during the employment or migration process (recruitment, movement, after entry, etc.), security deposits against departure, or provision of collateral:
- Encountered difficulty in quitting work or changing workplaces according to one's own will.
- Had wages or severance pay deducted or reduced on the pretext of debt  repayment.
- After wages were deposited to an account under the worker's own name, a specified amount was automatically transferred or wired against the worker's will, or the worker was compelled to pay in cash to the account of a broker, the employer, or a designated third party.
Note: (Examples of Debt) Preparation of supporting documents, visa issuance, travel expenses, accommodation costs, brokerage fees, workplace fines, advances for living expenses, execution of high-interest loan agreements, joint and several guarantees, etc.
○ Received virtually no wages or severance pay in return for labor, or unable to manage them independently.
○ Unable to review an employment contract translated into an understandable language  prior to commencing work.
○ Faced practical restrictions in receiving actual wages due to being charged prices well above the market value for daily necessities or having such costs directly deducted from wages.
○ (Fisheries) A seafarer was not provided the minimum statutory repatriation expenses necessary to return home upon disembarking at a port other than his residence or the location where the seafarer employment contract was executed.
□ Physical Means of Control
○ Subjected to sexual violence or physical violence, or repeatedly subjected to verbal abuse by employers, entertainment agency personnel, brokers, workplace officials, etc.
○ Forced to perform work outside the contractual terms or without consent, or required to work after the official working hours.
- (Fisheries) Hired under the assumption of performing simple manual labor in the fishing sector, but placed on a distant-water fishing vessel or assigned to tasks not specified in the contract.
○ Moved from one workplace to another, or worked across various regions and commercial establishments (such as sex trade establishments, entertainment bars, massage parlors, and clubs) regardless of one's own will.
○ Subjected to surveillance, including employers and others entering and leaving accommodations at will.
○ Food, water, and daily necessities or medical services restricted.
- Neglected or denied appropriate medical treatment despite having confirmed injuries or otherwise requiring treatment.
- (Fisheries) Paid higher costs for meals, etc., than Korean seafarers without justifiable grounds, subjected to discriminatory treatment regarding the quantity of provisions supplied.
○ Confined with freedom of movement restricted by security installations, such as barred windows, locked doors, or electronic surveillance at the worksite.
○ Required permission to go outside and compelled to be accompanied by others against one's will. Required permission to communicate with the outside world (correspondence, telephone, use of mobile phones, Internet, etc.).
- (Fisheries) Restricted from using personal communication devices without justifiable grounds, subjected to unfavorable restrictions in using on-board communication systems such as the Internet unlike other crew members without reasonable grounds.
○ Prevented from possessing identity documents such as passports or identification cards, or had requests for their return rejected.
○ Substantively impossible for workers to access external support organizations (labor authorities, police, counseling centers, etc.) independently through measures such as prohibiting direct consultations with employers or public officials or controlling individual meetings.
○ Brokers acting as if they were government representatives and exclusively handling documentation.
○ (Fisheries) Confined in locations with restricted freedom of movement after entering Korea and before boarding a vessel (or after disembarking prior to returning home).
○ (Fisheries) Restricted in freedom of movement without justifiable grounds, such as refusal to issue shore passes or prohibition of shore leave when docked at port.
○ (Fisheries) Encountered difficulty in changing workplaces due to refusal to issue a consent form for workplace change even when normal fishing operations were impossible.
□ Emotional Means of Control
○ Unable to quit work due to threats of harm to oneself, family, or acquaintances, or demands that family members perform one's debt obligations.
○ Intimidated by threats of being driven out of the country or workplace, or being sent to worse locations.
○ Intimidated into believing that reporting to the police would result in personal punishment for committing unlawful acts (such as prostitution, undocumented stay, and criminal offenses).
○ Distrust toward the police was fostered through claims that reporting to the police would be futile because contacts exist within investigative agencies or courts.
○ Threatened that facts regarding engagement in prostitution would be exposed to family and acquaintances upon escaping the establishment (sex trade establishments, entertainment bars, massage parlors, clubs, etc.), or forced to pose for sexually humiliating photographs and videos.
○ Completely unaware of the address, location of one's current stay, fishing and voyage plans, etc., unable to communicate due to fear of employment-related personnel.
○ Unfairly held liable for mistakes or equipment damage occurring during the performance of duties, or accepted unfair treatment without refusal due to a sense of indebtedness regarding such occurrences.
○ Compelled to use scripted questions and answers in preparation for contact with external organizations, or subjected to surveillance during such contact processes.
○ Compelled to endure unfair treatment after being led to believe that raising legitimate complaints regarding the working conditions (wages, accommodations, working hours) could result in the suspension of seasonal worker dispatch, refusal of contract extension, refusal of reentry recommendations, visa invalidation, or deportation.
○ (Fisheries) Continuously notified that disembarking would result in being barred from boarding vessels in the region through local shipowner networks.
○ Compelled to accept unfair working conditions as a condition for extending the employment period.

c. Items corresponding to the "purpose" of exploitation in trafficking persons, etc. are as follows