불법체류 외국인의 인권보호에 대한 고찰 = Considerations on the Protection of Human Rights ofIllegal Aliens

다국어 초록 (Multilingual Abstract)

In 1994, foreign workers were hired as ‘industrial trainees’, and the employment permit system is currently in effect. Since the implementation of the employment permit system, the number of unregistered foreign workers is approaching 390,000 as of the end of January 2024. In this process, the human rights of illegal immigrants are seriously violated in the process of crackdowns, detentions, emergency protection, and forced evictions of illegal immigrants, and they are in a human rights blind spot. Because of their status as ‘illegal immigrants,’ they are subject to forced evictions, and as a result, the constitutionally guaranteed freedom of the body (long-term detention) and right to family reunion are frequently violated. Therefore, this study aims to examine practical measures to protect the human rights of illegal immigrants and suggest improvement measures.
Regarding the protection of human rights of illegal aliens, we reviewed international human rights conventions and domestic laws, investigated the current status of illegal aliens in Korea, and analyzed and reviewed domestic and foreign research papers. In the case of foreign workers, many are accustomed to the Korean language and customs, and most of them have become skilled workers through employment activities. Even if they are caught for illegal stay and forced to leave, an efficient solution is needed for both their own benefit and the benefit of their employer. Based on this, foreign workers, employers, labor-related organizations, and civil society organizations should gather opinions and improve laws and systems to solve the problem of illegal alien workers in relation to the protection of human rights of illegal aliens.
The restrictions on foreign workers are a system to block foreign workers from settling in the country, so a major change in the legal regulations is necessary for our society to settle down in the future. To this end, improvements in the requirements and procedures for forced eviction, guarantee of due process in criminal procedures for personal detention, efficient use of the temporary suspension of forced eviction system, specific guarantee of family reunification rights, and discretionary power to grant legal residence qualifications to illegal foreign residents are required.