외국인근로자의 장기간 고용과 법적쟁점

The original intent of the Employment Permit System was to prevent migrant workers from residing permanently in this country (South Korea). Through the so-called ‘Short-Term Rotation Policy’, when one migrant worker returns to his native country after employment in Korea, another migrant worker is allowed to replace him or her. By using this rotation policy, the Korean government hopes to minimize such very difficult and costly problems as the migrant workers’ requirements for social welfare, housing, child education, etc. However, the policy exceptions to the Rotation Policy have been increasing. There is a reentry policy for faithful workers, which allows qualifying migrant workers to extend their working periods using E-9 Visas (non-professional employment) up to 9 years 8 months, not including the intervening period of time they return to their own country. Also, if they pass a special Korean language test, migrant workers can reenter this country, provided they voluntarily return to their country and they had not changed their job during the first employment period. Gradually, as the legal job period of migrant workers in this country increases, several legal issues present themselves. First of all, with respect to the right to freely choose employment, there is an evident tension between the right of migrant workers and the preservation of the principle of state sovereignty. Even if they have worked for nearly 10 years, migrant workers cannot freely change their jobs in Korea. Another important issue is that of family reunification. At present less-skilled migrant workers are not granted the right to family reunification, and accompanying(F-3) visas are not provided to their families. But a foreign worker who enters Korea with a management, education or professional worker visa can be accompanied by his or her spouse and minor dependent children. They are eligible for accompanying visas whether they are newly arrived or long-term workers. This paper points out the lack of balance between the treatment of long-term less-skilled workers and professional workers with respect to family reunification.