미등록 외국인근로자의 인권 보호 - 출입국관리법의 개선방향 제시를 중심으로 -

Abstract

As the wage of domestic workers of Korea rises radically and as the demand of the laborers of the menial jobs increases, the workforce of foreign workers has become necessary by enterprises, including small businesses. Work permit system was introduced to solve the lack of workforce at work including 3D industries with the increase of the workforce of foreigners. As a pre-work due to the implementation of work permit system, unregistered foreign workers who violate immigration control act are arrested and deported, which brings about the problem of protection of human rights of foreign workers. The problems which unregistered foreign workers suffer from due to oppressive deportation are newly emerging as social problems. Many problems emerge in their homes due to the deportation of unregistered foreign workers, which means that their human rights must be protected by amending immigration control act. At present, immigration control act stipulates the matters of persons subject to deportation, investigation and protection of foreigners as the ones about deportation of foreigners , it seems that there is limitation in immigration control act in considering all the diverse immigration administration environments. For instance, the matters of international marriage and marriage migrant women, one of the most important elements in domestic immigration administration, are not stipulated by immigration control act. The problems which happen due to that are that the fundamental human rights of unregistered foreign workers are not protected along with the unprotection of the health and educational right of their children along with the violation of human rights and family combination right, and the restriction of workplace by the regulation of compulsory deportation. The purpose of this study is to suggest the improvements of immigration control act to protect human rights of unregistered foreign workers as follows: First, the materialization and procedure improvement of the requirement of prohibition of entry and compulsory deportation, Second, review whether to adopt Habeas Corpus of restraint of human body on the suspects of compulsory deportation or not, Third, introduction of temporary stop system of compulsory deportation procedure, Fourth, introduction of the system for guaranteing family combination right, Fifth, guarantee of educational and health rights of their children along with granting legal sojourn qualification to unregistered foreign workers. Therefore, if the further research is done about the reality of unregistered foreign workers and the problems of immigration control act which emerge in their lives, it is expected that the more advanced research results will be derived, and if the quantitative and qualitative research is done on the immigration-related system which unregistered foreign workers perceive and domestic immigration policy, it is judged that the comprehensive and systematic improvements on the domestic immigration policy will be suggested.