외국인근로자의 사회보장법적 지위 - 사회보장기본법 제8조와 외국인근로자의 고용 등에 관한 법률 제22조의 관계를 중심으로 -

Abstract

the social security system on foreign workers is different from the foreigners which apply in the Framework Act on Social Security. It’s based upon the premise that apply the workers in the labor relationship. Therefore, foreign workers are primarily applied with the principle of equality on nationality in the Act on the Employment of Foreign Workers and the Labor Standard Act. It is important that the social security right of foreign workers is not the limited right of the public but the integrated human rights. But the principle of equality on nationality also should not apply to foreign workers uniformly and mechanically, just should apply to the principle of equality on nationality with regard to the social security system. The right to have basic standard of human life in Constitution prescribed in paragraph 1 of Article 34 about social security is, koreans and foreigners without distinction, human rights. But the workers in labor relationship in social policies are realistically recognized just social insurance on a limited basis. The social insurance system which apply to the workers in labor relationship has a little exceptions. In case foreign workers by long-term unemployment are difficult circumstances, public assistance and social services are offered limitedly. Therefore, The social insurance system has to be improved with the principle of equality on nationality in the long term. Because the nation has to help many foreign workers exposed at the various social risk such as unemployment and a livelihood.