외국인 노동문제 개선을 위한 입법적 검토 - 외국인 노동기본법 제정 방안을 중심으로 -

Abstract

It was after the 1990s that foreign workers flowed into Korea on a large scale, which was a measure due to the lack of simple functional industrial personnel as the Korean economy grew rapidly. A considerable number of non-professional foreign workers are providing work in Korea under the Foreign Employment Act, which is based on the employment permit system through the industrial trainee system. In addition to non-professional foreign workers subject to the Foreign Employment Act, there are various types of foreign workers such as professional manpower, short-term employment, seasonal work, and overseas Koreans. At a time when the number of working-age people is clearly expected to decrease due to the deepening low birth rate and aging phenomenon, employment expansion for foreign workers along with employment expansion for women and the elderly is emerging as an alternative to manpower shortage. However, the introduction and management of foreign workers in Korea have been divided into non-specialized and specialized fields, but they are not unified and have a complex structure, and have caused many labor problems such as human rights, illegal immigrants, and labor-related laws. This study not only reviewed fragmentary and individual measures for these labor issues, but also proposed a legislative plan to systematically protect foreign workers and revitalize foreign workers' labor by enacting a tentatively named "Basic Labor Act" in recognition of the need to reorganize and improve the existing labor law for foreign workers. The Framework Act on Foreign Labor is based on the basic principle of guaranteeing basic human rights, equal rights, labor rights, and housing rights for foreign workers. In addition, it is a "basic law" in the sense of setting the ideology and direction of labor policy for foreign workers, a "human rights guarantee law" that prohibits the guarantee and infringement of foreign workers' human rights, and a "labor protection law" to guarantee the minimum working conditions in foreign workers' working relations. In addition, it has the meaning of the "Labor Contract Act," which regulates labor contracts between foreign workers and employers, and the "Labor-Management Relations Act" to specifically guarantee the three labor rights of foreign workers.