이주근로자 인권보호에 관한 법제도운영과 개선방안

Abstract

It has been twenty years since migrant workers came into Korea. For nearly twenty years, the Korean Government's foreign workforce policies have caused many issues and problems regarding to protecting the human rights of migrant workers, especially the human rights of undocumented workers. First, this article will review changes in foreign workforce policies from Industrial Training System to existing Employment Permit System. Korea enacted the ‘Act on Foreign Workers Employment, etc.’ and operated Employment Permit System in August 2004. However, this policy has many problems such as legal loopholes, restriction on change of business or workplace, weak rights of migrant workers' families and lack of improvement program for undocumented workers, etc. Then, this article will discuss the cause on infringment of human rights, identifying the current status and problems of infringment of migrant workers' human rights, in the light of foreign workforce policies and human rights. In conclusion, this article seeks legal improvement programs on protection of migrant workers' human rights. This program should include prohibition of discrimination in employment, action for improvement of working condition, steps for effective guarantee of labor's primary workrights, and inhibition of discrimination in social life. In particular, for undocumented workers, it should be seek more positively to upgrade the level of human rights.