外國人 勤勞者의 法的 地位에 관한 硏究 = (A) Study on the Legal Status of Foreign Workers

다국어 초록 (Multilingual Abstract)

A Study on the Legal Status of Foreign Workers

Yoo, Hyeong Seok


It is well known that a series of movement of labor forces from one
nation to another has been overflown all over the world. In particular, tens
of thousands of foreign workers employed in South Korea are increasingly
expanding in small-to-medium sized enterprises. These foreign workers
staying in our nation consist of three divisions which are lawful foreign
workers, industrial trainees and unlawful foreign workers. Thus, this study
is focusing on the unlawful foreign workers and the industrial trainees,
who have been violated their various fundamental human rights owing to
the sense of instability in their social standing. The government policy on
such a situation tends to disclaim all the responsibility derived from labor
problems of foreign workers, but tends to take advantage of foreign labor
forces without legal guarantee or reasonable measures. Accordingly, the
object of this dissertation shall be a remedy to be able to improve the
properer steps on the legal status of foreign workers in South Korea after
scrutiny on the protection rules for foreign workers under the international
law and the legal status under the domestic law.

Chapter Ⅰis introductory in nature, stating the purpose of this study,
the scope of its analysis and the research methodology.
Chapter Ⅱ will discuss the historical background of employment poli
cies over foreign workers in advanced countries.
Chapter Ⅲ will focus on the legal status of the foreign workers in
each nations complying with ILO Conventions and International Conven
tion on the Protection of the Right of All Migrant Workers and Members
of Their Families.
Chapter Ⅳ will investigate legal aspects of foreign workers employed
in South Korea focusing on the human rights of constitutional law, the
employment policies of labor law and the legal protection of immigration
law.
Chapter Ⅴ will devote to the improvement of working conditions for
foreign workers and their families, and will suggest some guidelines for
the future amendment of related laws.
Chapter Ⅵ will evaluate the results of this study by briefly summa
rizing the preceding chapters and recommend the proper employment prac
tice for foreign workers' safe guards in South Korea.

Consequently, this study indicates that first, in order to protect the
fundamental right of foreign workers, the exemption of reporting duty of
the person interested in the protection of foreign workers, the decision of
forced departure by the judicial agency, the thorough regulation against
person to infringe upon foreign workers' authority, the supervision and
guidance to the employer in order to induce the labor law abiding spirit,
grant of the judicial procedure and negotiation with wrongdoers to relieve
the right of foreign workers emphasized to improve the legal status of
internal foreign workers. Second, the legal introduction of foreign workers
through the introduction of authorization system of employment rather
than the training system for only industrial trainees engaged in business
is emphasized.