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학술논문노동법학2012.03 발행KCI 피인용 1

雇用許可制下で不法滞在労働者の現況と問題点及び法的対応方案

Problems of Illegal Residency of Foreign Workers and Legal Respond Plan about Permit System of Employment

高準基(金海外国人力支援センター); 宮城 佳奈(新等大学校)

41호, 207~253쪽

초록

Even though the special permit system of employment would help to reduce the rate of illegal foreigners, due to various reasons and initiation, illegal residency still occurs. Especially lately, the rate of undocumented workers are rapidly increasing, since foreign workers’ legal residency permissions are expired. As nothing is perfect, even the proper laws try to prevent illegal residency of foreign workers. The present permit system of employment shows the problems of managing the plan and weak spot of law system. Due to various causes and reasons, illegal residency happens, in order to effective counter plans are also various. In this paper, the reviewing of problems of how illegal residency affects our society, through the causes of illegal residency, draw the conclusion of problems and weak spots. In order to solve the problems, there should be examination of legal action against the main countries and implication regarding national bust and punishment about illegal residency, related administrative agency’s counter plans of illegal residency, and excessive existence of illegal residency of foreign workers, intermittent of legalization. Based on this, there are suggestions of law institutional remedies about illegal residency. This paper has provided the one legal steps in order to reduce the problems; the special permit system of employment. This steps would help to solve the problems regarding rehiring and reemployment permit arraign after rehiring which are local labor market protection policy, local labor market’s supplementation policy, short-run circulation principles, an appeasement policy about transfer of business or workplace of migrant workers, and illegal residency control

Abstract

Even though the special permit system of employment would help to reduce the rate of illegal foreigners, due to various reasons and initiation, illegal residency still occurs. Especially lately, the rate of undocumented workers are rapidly increasing, since foreign workers’ legal residency permissions are expired. As nothing is perfect, even the proper laws try to prevent illegal residency of foreign workers. The present permit system of employment shows the problems of managing the plan and weak spot of law system. Due to various causes and reasons, illegal residency happens, in order to effective counter plans are also various. In this paper, the reviewing of problems of how illegal residency affects our society, through the causes of illegal residency, draw the conclusion of problems and weak spots. In order to solve the problems, there should be examination of legal action against the main countries and implication regarding national bust and punishment about illegal residency, related administrative agency’s counter plans of illegal residency, and excessive existence of illegal residency of foreign workers, intermittent of legalization. Based on this, there are suggestions of law institutional remedies about illegal residency. This paper has provided the one legal steps in order to reduce the problems; the special permit system of employment. This steps would help to solve the problems regarding rehiring and reemployment permit arraign after rehiring which are local labor market protection policy, local labor market’s supplementation policy, short-run circulation principles, an appeasement policy about transfer of business or workplace of migrant workers, and illegal residency control

발행기관:
한국노동법학회
분류:
노동법

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雇用許可制下で不法滞在労働者の現況と問題点及び法的対応方案 | 노동법학 2012 | AskLaw | 애스크로 AI