외국인고용 농축산업에서 근로시간규정 적용제외의 위헌성

This papers explores fundamental rights of migrant workers in agriculture in respect of working hours and holidays. Employees to whom the eight hour workweek and weekend-off system do not apply, under special circumstances are exempt from regulations on working hours, recess and off-days(Article 63 of the LSA). Employees who are exempt are as follows; ① workers engaged in cultivation or reclamation of land, seeding, cultivation or collection of plants, or other agricultural and forestry work; ② workers engaged in breeding of animals, collection or catching of marine animals and plants, cultivation of marine products, or other cattle-breeding, sericulture and fishery business. But migrant workers who don't have the right to change the business under the work permit system suffer from conditions worse than Korean workers. The study concludes that neglecting this situation contravenes fundamental rights of the migrant workers concerning Labor Right of Article 32 of the Constitution. And this article suggest the ways to decrease unconstituionality like this.