There is a system forbidding discrimination of working conditions, welfare benefits, displinary punishment and dismissal, etc. It is prescribed in LABOR STANDARD ACTS and ACT ON THE EMPLOYMENT, ETC. OF FOREIGN WORKERS and so on.
As a foreigner worker, discrimination on the basis of NATIONALITY could be a problem.
NATIONALITY is a position based on NATIONALITY ACT and different from the word “race” using as a biological and anthropological approach.
In principle, Labor law like LABOR STANDARD ACT is also, even applied to illegal employed foreigners who violate IMMIGRATION ACT
The most important judgement standard on discrimination is REASONABLE REASON.
That is, if there is discrimination after comparing the whole conditions of foreigner workers with those of korean workers, it should be reviewed whether the discrimination is only because of NATIONALITY or also because of capability, degree of job guarantee, expense for living and recruitment conditions, etc.
Although the discrimination is based on capability in working(=REASONABLE REASON), it should be prescribed in collective agreement, rules of employment or employment contract.
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