국내 및 국제법상의 미등록이주노동자의 단결권 보장에 관한 연구 = A Study on Guarantee of the Right to Organize Labor Union of Migrant Workers in the International Law and Domestic Law of the Republic of Korea

다국어 초록 (Multilingual Abstract)

One of the hyge flow that th International society faces in the 21st century may be the international immigration. As globalization has progressed, the gap between countries in income and employment opportunity has triggered people’s move on a large scale, the number of migrant workers has continuously large scale, the number of migrant workers has continuously increased. However, countries have maintained an indifferent attitude in a phenomenon of migrant workers resulted from expansion of globalization.
Of the migrant workers, undocumented migrant workers have the illegal status, so they are in more inadequate situations. They cannot appeal for their human rights issues, because they will be placed in a risk of being exiled from the nation they stay due to the illegal status as soon as they voice themselves. Employers exploit habitually using this disadvantage of the undocumented migrant workers, which leads to repetition of vicious cycle.
In 2005 in relation to the continuing human rights issues in our country such as low pay, long time work, overdue wages, verbal abuse and violence, they selected ways through groups instead of personal voice and organized the Labour Union of the Undocumented Migrant Workers. However, their report of foundation was returned, which ignited a problem of whether the undocumented migrant workers’ right of organization can be protected or not.
However, a problem of protecting the undocumented migrant workers’ right of organization arouses strained relations between sovereignty of state and protection of human rights; thus a problem of how far the undocumented migrant workers’ human rights can be protected and another problem of whether the right of organization can be included in the range of protection are brought up.
This research found that the undocumented migrant workers’ right of organization can be recognized by the international humanitarian law and domestic law. The international human rights law is guaranteed by economic, social and cultural rights and International Convention on the Elimination of All Forms of Racial Discrimination
that carry legal binding force. The domestic law includes undocumented migrant workers in the range of workers according to the Labor Standards Act and the Labor Union and Labor Relations Adjustment Act; thus they have a right to organize the labor union. However, given our government’s implementation, it was found out that there was a gap between law and implementation and the gap still exists.
This researcher suggests three remedies to bridge this gap: First, our nation has to positively accept the International Covenants for Human Rights, for our country ratified the economic, social and cultural rights and the International Convention on the Elimination of All Forms of Racial Discrimination and has the state obligation to implement these, Second, not only our government needs to accept advices of the international organizations but also try to name and shame continuously in the global society. Lastly, protection should be made through cooperation in the Asia-Pacific
region; continuous attention and cooperation should be made through declarations between countries concerning issues related to the undocumented migrant workers.
If a state just focuses on the status of illegal migrants, there is no choice but to see them as the illegal migrants in all rights of the undocumented migrant workers, and this excessive ‘illegalization’ can cause arbitrary and inconsistent exercise of state power. Shouldn’t our country see the undocumented migrant workers as human beings, rather than see all the problems in a framework of illegality?

목차 (Table of Contents)

• Ⅰ. 서 론
• Ⅱ. 미등록이주노동자의 인권
• Ⅲ. 국제인권법상의 미등록이주 노동자의 단결권 보호
• Ⅳ. 국내법상 미등록이주노동자의 단결권 보호
• Ⅴ. 미등록이주노동자 단결권 보호에 관한 한국의 실행
• Ⅵ. 결 론

참고문헌 (Reference)

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