외국인근로자의 노동법적 지위 ― 단결활동에서의 제한과 차별금지를 중심으로 ―

This study explores undocumented migrant workers' right to organize trade union. The research starts from investigating the reason why the high court ruled that illegal foreign workers also have right to organize and join their association even though they violate Immigration Control Act. But I finally discover the grounds of the decision considerably weak. In consequence, the study concludes that migrant workers who are documented or in a regular situation shall have the right to form associations and trade unions in the State of employment for the promotion and protection of their economic, social, cultural and other interest, but illegal workers just have the right to join freely any trade union and any other association, subject only to the rules of the organization concerned and seek the aid and assistance of it. In addition, the research paper suggests the improvement of Act on the Employment, etc. of Foreign Worker in order to supply them with protections in relations to employment because the act is likely to drive them into the state of an illegal stay.