동아시아 국가의 외국인근로자 유입과 법적 보호

다국어 초록 (Multilingual Abstract)

Following up to the logic of the market for achieving competitive power, a capital movement is stimulated and it makes a labor movement ordinary. According to the figures from UN, it is assumed there are 175 million migrant workers around the world (50million in Asia) and the number of countries emigrant or immigrant them. With this circumstance, here comes a summarization of the laws for the migrant workers.
Although Japan doesn’t change their stance to migrant the labors for the unskilled work, it is a fact that they accept migrant workers by indirect way for the field with insufficient labor force. There are a number of migrant workers in the field generally called 3D and almost all of them are illegal workers. They didn’t find a solution for illegal immigrant and work.
Due to the fact that Taiwan has the legal migrant workers supply system, there are not so many illegal migrant for the work. However, it is a problem that there is a commission for the process. The migrant workers are under their labor law as a worker and it means they could be treated same as native workers.
Singapore and Malaysia treats guest workers differently from their nationality and type of occupation. They treat specialized technician equally and induce a settlement. On the other hand, Singapore is very strict management system for unskilled workers.
Our system in Korea is very similar with Japan’s in terms of the category, but there is a difference we run working permit system for migrant worker and in spite of it, there are many illegal migrant workers. It is because of the economy scale, the type and the effect of labor law system and the structure of the labor market. There might be no dissent of the basic principle for the labor law and it should be applied to the migrant workers after they get into our own labor market.

목차 (Table of Contents)

• Ⅰ. 들어가는 말
• Ⅱ. 동아시아 주요국의 외국인노동법제
• 1. 일본
• 2. 대만
• 3. 싱가포르
• 4. 말레이시아
• Ⅲ. 외국인근로자의 보호와 쟁점
• 1. 외국인근로자에 대한 정책의 정합성
• 2. 외국인근로자의 정주화 및 불법취업의 문제
• Ⅳ. 결론에 갈음하여
• 참고문헌

참고문헌 (Reference)

1 이학춘, "외국인근로자의 법적 지위" 9 : 2006

2 전형배, "외국인근로자의 노동인권" 한국비교노동법학회 18 : 125-157, 2010

3 최홍엽, "외국인근로자와 균등대우" 한국노동법학회 (17) : 2003

4 최홍엽, "외국인 고용허가제 아래의 근로계약관계" 한국비교노동법학회 18 : 91-123, 2010

5 설동훈, "싱가포르의 외국인력정책" 2003

6 박영범, "말레이시아의 노동관계법ㆍ제도" 한국노동연구원 2003

7 노상헌, "동남아시아 국가의 노동법제에 관한 연구" (2) : 2004

8 이규용, "대만의 외국인력정책" 2003

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