외국인근로자의 산업안전보건 강화방안에 관한 연구

Abstract

This study proposes a plan for strengthening the legal and institutional protection of foreign workers from industrial accidents by reviewing and examining the legal rationale for the protection of foreign workers in terms of industrial safety and health. For this purpose, the characteristics of foreign workers’ industrial accidents have been examined as a premise, and then the legal ground for the protection of foreign workers in terms of safety and health has been studied. In addition, the study focuses on matters which are crucial for foreign workers in terms of health and safety, such as right-to-know, care duty on safety, as well as the resulting right to reject work, risk assessments and safety training. Since foreign workers usually work at small companies, policies applicable to small scale businesses ends up affecting foreign workers as well. Foreign workers also have unique safety and health problems due to distinct communication problems resulting from the difference in language and culture. Based on these characteristics of foreign workers, the following can be brought about to strengthen protective actions for the safety and health of foreign workers. First, a legal theory regarding care duty on safety which is the main basis of private rights need to be proactively developed. This then need to be actively utilized as the legal means for the protection of foreign workers. Second, considering that foreign workers need to change workplaces due to safety and health problems, it is necessary to have the right to reject work be put to practical use by enlarging the reason of workplaces change based on safety and health concerns. Third, foreign workers’ risk communication barrier must be overcome. Not only in the instruction, training, or explanation of safety and health, but disclosure, posting or consulting must also be made understandable to foreign workers by using suitable means. Fourth, rather than just simply “letting foreign workers know about safety and health” through education and postings, “helping them understand the contents of safety and health” should be the method adopted instead. For this purpose, the supervisor of the regulatory authority should not only check whether the standards regarding the foreign workers’ right-to-know are well complied with, but also focus on whether businesses actually practice them. Lastly, on conducting risk assessments, individual factors such as the foreign worker’s knowledge of safety and health and their workmanship should be considered.