미등록외국인근로자의 문제점과 해결방안

In this research, I have found the fact of the undocumented foreign workers, then I tried to find indirect solution for looking the problem they faced and this violations. I have classified that problem they faced by abusing in problem and solution for the undocumented foreign worker. Typical issues are that working condition, wages, medical problem, violence and human right issue, and industrial accident. And I can divide legal plans and policy proposals in the solution. At first the plan of legal relations regardless of their stay qualification and labor’s three primary right guaranteed by the National Labor Relations (NLR) have to be applied in working field. In the social security law on social insurance for foreign worker, the related regulations of following mutualism rule should be checked. In the provision on protection of “emigration and the immigration control system”, compulsory arrest of undocumented foreign was criticized to severely. Also, compulsory deportation order should not be done until the procedure on formal objection against deportation order is done. As regulations of excessive politic activity are factor that violate freedom of expression, we need to compensate. In supporting details of immigration control law, the professional accreditation system about emigration and immigration administration should be enforced. As the employment policy for foreign worker, a short term cycle system should be switched to a long cycle. A short system cannot be an effective method to prohibit foreign worker’s domicile according to the case of Germany. In Germany, there is an over five year stay or limitless stay because of the unnecessary training expenses and incidental costs for foreign workers. In addition, the employment license system should be changed to labor license system which can be guaranteed freedom of transferring establishments. The undocumented foreign workers need remission system and legal social position. Foreign worker policy was changed gradually in the passage of time. If this kind of policy timely to accept, it is possible to solve unregistered problem gradually.