UN의 이주근로자권리협약과 한국의 노동법 현실

This paper aims to analyse issues which we are to consider in acceding 'International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families'(UN Convention on Migrant Workers). When acceding to that Convention, we have to compare it with the legal practices of Korea. Before that Convention, the existing instruments in the field of migration had been partial, either in terms of substance or in terms of geographic coverage. With its sixteen preambular paragraphs and 93 articles, the Convention is a comprehensive instrument reflecting the complexity of the migration itself. The substantive provisions of the Convention are systematically arranged in nine parts. It is necessary for Korea to accede to UN Convention on Migrant Workers in a middle of long period, though not short. Migrant workers are the same workers, and they needs to be treated as Korean in labor laws. UN Convention is the instrument which was not appeared abruptly, but reflected the stream of internatonal human rights norms, and related with development of international labor standard - especially ILO Conventions. It is important for Korea to make narrow the gap between UN Convention on Migrant Workers and Korean laws and to prepare for the accession, joining in collaboration with international society for the protection of human rights. In labor sphere, the gap between the contents of UN Convention and Korean labor laws is much narrowed, because the position of migrant workers has been improved owing to the progress of Korean labor and social security laws. For example, Industrial Trainee System, which had a lot legal problems, was repealed recently. And there are not much differences between UN Convention and domestic laws. First, migrant workers don't have the right freely to choose their remunerated activity after 2 years. Second, migrant workers is not admitted equal rights in the application of Employment Insurance Act.