이주근로자의 고용허가제 정착을 위한 관련법제 개선방향에 관한 연구

다국어 초록 (Multilingual Abstract)

Economic growth makes a nation more dependant upon non-skilled alien workers because of increasing avoidance of jobs with relatively unpleasant working conditions by nationals living in the country. Korea was one of countries that sent hundreds of thousands of workers to foreign countries in the 1960's-1970's period. A big shift was made with the Seoul Summer Olympics in 1988 as a momentum, changing Korea's status from a labor exporter to a labor hosting country. The Korean government introduced 'Industrial Training System(ITS)' for foreigners to prevent a chronic labor-shortage in small and medium-sized companies in the early 1990's. The status of foreigners invited was 'trainee' under the ITS. As a result, it created a number of problems such as fraud, human rights violation, illegal stay. The Korean government finally devised a new system, 'Employment Permit System for Foreigners(EPS)', and put it in place in 2004. Foreigners who have entered Korea under the EPS can enjoy worker's status and are treated equally to Korean workers. There have been environmental changes surrounding the domestic labor market since the implementation of the EPS - low birthrate, rapidly aging population, the advent of the Blue Round, more multi-culture society, etc. The success of  the EPS relies much on appropriate response and preparation to/for changes in conditions directly or indirectly related to the labor market, remaining it instrumental in resolving a labor shortage in small and medium-sized companies while addressing residual problems stemmed from the ITS. The starting point for the betterment of the EPS lies at the enhancement of the effectiveness of MOUs. There is no provision which clearly stipulates responsibility matters in the current MOUs. When a legal dispute arises on the protection of rights for each party who has signed an MOU based on mutual trust, the both governments may be at a loss how to deal with it. Such legal matters as laws to be applied, jurisdiction and enforcement procedures are needed to be specified in the MOUs. The revision of the standard labor contract is required to reduce labor-management d isputes caused by vag ue and insufficient information, and it should be mandatory for employers to provide dormitories (or boarding houses) for the better settlement of their foreign employees. Also it is necessary to make reasonable and reliable criteria regarding the inclusion of the cost for room & board in the total amount of the Minimum Wage. The government should make an effort to ensure that alien workers can enjoy their rights as workers. It also should not infringe upon their rights to establish labor unions unless they do commit a breach of the immigration law, labor related laws and the foreign workforce policies in Korea. In other words, it should not be a Big Brother but a helping hand for alien workers. When it comes to the prevention of permanent residence of foreign workers and more culturally diversified society, much lesson can be learned from the foreign workforce policies in Germany. The German government introduced several  leading policies based on the premise of foreign workers' return to their home countries after employment expiration. However, a considerable number of them sought permanent settlement in Germany, making the policies almost nullified. It can be said quite for sure that Korea will follow in the footsteps of Germany. Against this backdrop, the Korean government needs to shift the direction of its policies toward migrant workers through social agreement. It should regard them not as simply optional workforce imported to ease a labor shortage in the domestic labor market and help them integrate in Korean society. The EPS is aimed at providing Korean employers and foreign workers(including job-seekers) public employment service which is more like non-profitable, and requires the whole society to pay attention to human rights of guest workers. It is also closely related to a multi-cult