KCI등재
외국인 노동자의 법적보호 = Legal Protection of Migrant Workers
저자
발행기관
학술지명
권호사항
발행연도
2004
작성언어
Korean
주제어
KDC
360.000
등재정보
KCI등재
자료형태
학술저널
발행기관 URL
수록면
113-149(37쪽)
제공처
In August 2003 the Act Concerning Employment of Foreign Workers which induced the "employment permit system"(EPS) was promulgated. The EPS was designed in order to reduce the abuses of the "Industrial Trainee System"(ITS) as well as lighten legal employment of alien workers by medium and small industries which have difficulties in recruiting Korean workers.
In the process of preparing for the new EPS, which is to be affective in August 2004, the Government of Korea took a measure between September and November 2003 to legalize 184,000 aliens, or 81% of the 227,000 illegal residents, who were staying in Korea for less than 4 years. The others were to be expelled out of Korean territory.
The selective legalization process for undocumented migrants who have been in Korea (as of March 31, 2003) was as follows:
1) less than 3 years are eligible for sojourn status;
2) between 3 years and less than 4 years: eligible for visa issuance certificate then leave the country by November 15. Afterwards within 3 months return to Korea for legal employment;
3) more than 4 years: there is no way to legalize (the Korean government has warned that they must leave the country by November 15, otherwise arrest and forcible deportation would be implemented). Expulsion, heavy fines, and ban on reentry were to be the consequences of all undocumented migrant workers who did not leave voluntarily.
A joint rally of the joint Committee for Migrant Workers in Korea (JCMK)/the Common Committee for Opposing Crackdown on Migrant Workers, Abolition of Trainee System and Securing Migrants' Rights, Korea (COCATS) and the Special Committee on Amending the Overseas Korean Act was held in downtown Seoul on November 2.
On November 11 a Sri Lankan migrant, who came to Korea as a trainee 7 years ago to support 7 family members in home, threw himself at a subway train with the fear of forced deportation. On the next day a Bangladesh migrant, who had been staying in Korea for 7 years, hung himself because there was no way to pay back the loan raised in order to come to work in Korea.
These deaths triggered a series of sit-in protests which was started in Ansan of Gyeonggi province. On 14 migrant workers in Changwon of Gyeongnam province staged a sit-in protest after a memorial service for the dead alien workers. A large group of Chinese workers of Korean origin joined the sit-in protest, as well.
Between November 17 and 28 the Ministry of Justice, National Intelligence Service, and Police Agency jointly operated forcible deportation of undocumented migrants who were not eligible for legalization. During the period 1,233 migrant workers and 250 employers were taken into custody. On 20 a Russian migrant, who came to Korea in January 2003 with tourist visa, jumped overboard in trying to escape from the ship taking him back home. On 25 an Uzbek out of despair hung himself in Incheon.
On December 3 a policy coordinating meeting under the Office of the Prime Minister released new measures to solve undocumented migrants' problem. According to the new measures, if the undocumented migrants voluntarily leave the country by the end of 2003, the period of ban on reentry would be shortened as less than 6 month.
During the period of December 8 and 17 when the government operated the 2nd round of joint control measures, a Korean Chinese died on the street due to the cold weather and a Bangladeshi worker found dead in a container where he hid himself during the control and was unable to be properly treated for heart ailment.
On 13 a group of Indonesian migrant workers from Changwon who were holding silent demonstration in front of the Korea Methodist Church were attackted by the immigration officials.
Senior leaders of National Council of Churches in Korea (KNCC), Buddhist leaders, film directors, actors and actresses, medical doctors released statements on opposing the forced deportation and legalizing all undocumented migrant workers.
On January 7, 2004 after a protest demonstration in front of the Bangladesh Embassy riot police and immigration officials arrested two migrants. On the next day a protest rally was held in condemning the Ministry of Justice that allowed brutal attack on migrants and migrants' rights advocates.
Between January 16 and 21 the protest group participated in the World Social Forum 2004 in Mumbai, India in order to make public the ongoing migrants' struggle in Korea and strengthen the network and solidarity with migrant rights groups.
On 20 the Office for Government Policy Coordination released measures to extend grace period for undocumented migrants again. On February 6 the migrants and Korean Chinese groups concluded a 84-day sit-in protest declaring the 2nd round of their struggle. The decision was made after the Government agreed on extention of grace period to voluntarily leave the country in exchange for a guarantee they could return legally later.
II.
The theme "migrant workers" became one of three main topics discussed in the XIV World Congress of Labour Law and Social Security, which was held in Seoul from September 26 through 30, 1994.
According to the ILO Convention No. 143, the term "migrant worker" means a person who migrates or who has migrated from one country to another with a view to being employed otherwise than on his own account and includes any person regularly admitted as a migrant worker.(Art. 11, Para. 1)
The ILO Convention No. 143 of 1973, which came into force on December 9, 1978 in supplement to the Convention No. 97 of 1949, gives further provisions concerning migrations in abusive conditions and the promotion of equality of opportunity and treatment of migrant workers.
Each member state for which this Convention is in force shall undertake to respect the basic human rights of "all migrant workers"(Art. 1).
In order to prevent and to eliminate migrations in abusive conditions Article 3 of the Convention No. 143 stipulates as follows:
Each Member shall adopt all necessary and appropriate measures, both within its jurisdiction and in collaboration with other Members
(a) to suppress clandestine movements of migrants for employment and illegal employment of migrants, and
(b) against the organisers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions.
Article 9, Paragraph 1 of the Convention No. 143 reads:
"Without prejudice to measures designed to control movements of migrants for employment by ensuring that migrant workers enter national territory and are admitted to employment in conformity with the relevant laws and regulations, the migrant worker shall, in cases in which these laws and regulations have not been respected and in which his position cannot be regularised, enjoy equality of treatment for himself and his family in respect of rights arising out of past employment as regards remuneration, social security and other benefits."
According to Article 10 of the Convention, each Member for which the Convention is in force undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory.
Each Member shall also, by methods appropriate to national conditions and practice, in consultation with representative organisations of employers and workers, formulate and apply a social policy appropriate to national conditions and practice which enables migrant workers and their families to share in advantages enjoyed by its nationals while taking account, without adversely affecting the principle of equality of opportunity and treatment, of such special needs as they may have until they are adapted to the society of the country of employment.(Art. 12 (e))
But the provisions concerning equality of opportunity and treatment do not apply to -
(a) frontier workers;
(b) artistes and members of the liberal professions who have entered the country on a short-term basis;
(c) seamen;
(d) persons coming specifically for purposes of training or education;
(e) employees of organisations or undertakings operating within the territory of a country who have been admitted temporarily to that country at the request of their employer to undertake specific duties or assignments, for a limited and defined period of time, and who are required to leave that country on the completion of their duties or assignments.(Art. 11, Para. 2)
To Korea hundreds of thousand workers mostly from Asian countries have been admitted as the so-called "vocational trainees" and later "industrial trainees."
The question is whether the "vocational trainees" or "industrial trainees" admitted to Korea fall under the category of "the persons coming specially for purposes of training or education", as defined in Art. 11, Para. 2(d) of the Convention.
Unfortunately, the answer to this question is negative. Most of the "trainees" admitted to Korea are sent directly to undertakings which are not prepared to give ordinary vocational training.
The sit-in strike of the Nepalese workers in January 1995 triggered a series of discussions to better the situation of the migrant workers in Korea. Without equal treatment of the migrant workers in labour law and social security, the "globalization" would remain mere political propaganda. In this sense, it is expected that the new EPS is able to find right ways to design national and international policy to promote and guarantee equality of opportunity and treatment in respect of employment, and of other rights related thereto and to respect the basic human rights of all migrant workers.
분석정보
서지정보 내보내기(Export)
닫기소장기관 정보
닫기권호소장정보
닫기오류접수
닫기오류 접수 확인
닫기음성서비스 신청
닫기음성서비스 신청 확인
닫기이용약관
닫기학술연구정보서비스 이용약관 (2017년 1월 1일 ~ 현재 적용)
학술연구정보서비스(이하 RISS)는 정보주체의 자유와 권리 보호를 위해 「개인정보 보호법」 및 관계 법령이 정한 바를 준수하여, 적법하게 개인정보를 처리하고 안전하게 관리하고 있습니다. 이에 「개인정보 보호법」 제30조에 따라 정보주체에게 개인정보 처리에 관한 절차 및 기준을 안내하고, 이와 관련한 고충을 신속하고 원활하게 처리할 수 있도록 하기 위하여 다음과 같이 개인정보 처리방침을 수립·공개합니다.
주요 개인정보 처리 표시(라벨링)
목 차
3년
또는 회원탈퇴시까지5년
(「전자상거래 등에서의 소비자보호에 관한3년
(「전자상거래 등에서의 소비자보호에 관한2년
이상(개인정보보호위원회 : 개인정보의 안전성 확보조치 기준)개인정보파일의 명칭 | 운영근거 / 처리목적 | 개인정보파일에 기록되는 개인정보의 항목 | 보유기간 | |
---|---|---|---|---|
학술연구정보서비스 이용자 가입정보 파일 | 한국교육학술정보원법 | 필수 | ID, 비밀번호, 성명, 생년월일, 신분(직업구분), 이메일, 소속분야, 웹진메일 수신동의 여부 | 3년 또는 탈퇴시 |
선택 | 소속기관명, 소속도서관명, 학과/부서명, 학번/직원번호, 휴대전화, 주소 |
구분 | 담당자 | 연락처 |
---|---|---|
KERIS 개인정보 보호책임자 | 정보보호본부 김태우 | - 이메일 : lsy@keris.or.kr - 전화번호 : 053-714-0439 - 팩스번호 : 053-714-0195 |
KERIS 개인정보 보호담당자 | 개인정보보호부 이상엽 | |
RISS 개인정보 보호책임자 | 대학학술본부 장금연 | - 이메일 : giltizen@keris.or.kr - 전화번호 : 053-714-0149 - 팩스번호 : 053-714-0194 |
RISS 개인정보 보호담당자 | 학술진흥부 길원진 |
자동로그아웃 안내
닫기인증오류 안내
닫기귀하께서는 휴면계정 전환 후 1년동안 회원정보 수집 및 이용에 대한
재동의를 하지 않으신 관계로 개인정보가 삭제되었습니다.
(참조 : RISS 이용약관 및 개인정보처리방침)
신규회원으로 가입하여 이용 부탁 드리며, 추가 문의는 고객센터로 연락 바랍니다.
- 기존 아이디 재사용 불가
휴면계정 안내
RISS는 [표준개인정보 보호지침]에 따라 2년을 주기로 개인정보 수집·이용에 관하여 (재)동의를 받고 있으며, (재)동의를 하지 않을 경우, 휴면계정으로 전환됩니다.
(※ 휴면계정은 원문이용 및 복사/대출 서비스를 이용할 수 없습니다.)
휴면계정으로 전환된 후 1년간 회원정보 수집·이용에 대한 재동의를 하지 않을 경우, RISS에서 자동탈퇴 및 개인정보가 삭제처리 됩니다.
고객센터 1599-3122
ARS번호+1번(회원가입 및 정보수정)