방문취업 재외동포의 이중적 지위와 개선과제

Abstract

The term “visiting ethnic Korean employees of foreign nationality (H-2)” means those who are subject to the system for the supply and demand of foreign manpower (visit employment system) that has been in effect since March 2007. The visiting employment system is an area where policies on ethnic Koreans of foreign nationality and employment of foreign workers overlap, and can be positively evaluated in that it has enhanced the Korean people’s bond and provided an opportunity for reciprocal development in their home country and the Korean community by expanding entry and employment opportunities for ethnic Koreans living in China and the former Soviet Union, which have been relatively marginalized. On the other hand, visiting ethnic Koreans are foreigners who are engaged in physical labor under the Employment Permit System introduced in 2004 to resolve the shortage of job openings in the 3D (dangerous, diverse, and dirty) industry, and are only replacement workers who are regulated by the Immigration Conrtrol Act and the Foreign Employment Act. At first glance, ethnic Koreans may be seen as receiving preferential treatment in that they are allowed to find jobs voluntarily, change workplaces, enjoy freedom of movement, unlike foreign workers from 16 Southeast Asian countries under the Foreign Employment Act. On the other hand, however, visiting ethnic Koreans are considered foreigners, discriminated compared to ethnic Koreans (F-4) from advanced countries, and discriminated compared to professional foreign workers who are not subject to the Foreign Employment Act. The fundamental reason is that deep-rooted discrimination against ethnic Koreans in China and the former Soviet Union countries and policies to quell criticism of it have been irregularly reflected in the Immigration Control Act, the Ethnic Koreans Act and the Foreign Employment Act. The paper first examines why the status of visiting ethnic Koreans under the Ethnic Koreans Act and the Foreign Employment Act has been established as it is today. I then reviews the status of visiting ethnic Koreans, their treatment and problems under the current law, and presents their improvement tasks.