외국인고용법상 사업장변경제한에 대한 헌법과 국제법상의 문제점 및 법적 개선방안

Abstract

In this paper, the limit of foreign workers to change workplaces around the Constitution and the law review focused on the problem, and derive it based on the legal system and legal issues and to propose improvement. Employment policy and human rights protection should be determined in order to achieve a balance in terms of entry and exit freely admits to looking for work in Korea, without limitation, the Work Permit System will be easier to accept that it is hard. Changes related to business operations from the early entry into a country that guarantees freedom of change are hard to find. Just stay in Korea recognized the need for a prolonged period, so three years period of employment is extended for two years after the change of workplace tadanghae allow freedom of opinion seems to suggesting. "UN Convention on the Rights of migrant workers," according to the Convention under paragraph 3of Article 52, migrant workers arriving for a period of time after the conservative to restrict freedom of action, but there are limits on the period that follows the period not exceeding two years not have to. Our country has ratified this Convention is not yet legally binding and does not receive it. According to the Convention, but the current Act on employment of foreign workers in Korea to move from workplace to workplace restrictions (Article 25)and the Convention on the Rights of migrant workers can be placed. You look at the convention based on the "UN Convention on the Rights of migrant workers," a period of time as a national movement to restrict the operations of foreign workers in Korea, but a prolonged period of stay for foreign workers to the workplace after a period of time, and that freedom of movement point of view even when the country a period of time (two years) after the business has the need to ensure freedom of movement.