차별금지에서 외국인근로자의 법적 지위

This papers examines foreign workers’ right at work in respect of discrimination. Firstly, this study explores kinds of statistics concerning immigrant workers to understand the situation of them in Korea. Secondly, the paper reevaluates some supreme court precedents to conclude whether foreign workers, especially undocumented foreigner should be classified as employee or not. Thirdly, the work studies wage differentials between foreign workers and domestic workers to decide whether they suffer from nationality discrimination. But it has been found that it’s not that much helpful for the victims to appeal the Fixed-Term Act. Finally, the paper reviews the debate on undocumented foreigner’s right to organize. In consequence, the study concludes that illegal workers just have the right to join freely any trade union and any other association, subject only to the rules of the organization, but they don’t have the right to organize. Instead the paper suggests the improvement of the Act on the Employment, etc. of Foreign Worker in order to supply them with protections in relations to employment.