외국인근로자의 헌법상 근로권보장과 고용허가제의 쟁점사항

This study aims to find ways to improve the employment permit system for foreign workers. It classified the employment permit system for foreign workers in view of institutional aspect, employment management aspect, and social welfare aspect under the analysis framework and identified problems of current employment permit system for foreign workers. Foreign workers number about 250,000. Each year, hundreds of immigrant workers come to South Korea for jobs. Last 2013 July, the national assembly passed a bill called the Foreign Manpower System Law. Today the policy for foreign workers is based on employment permit system for Foreign Workers enacted by Act on Foreign Workers’ Employment, etc. and problems which had been pointed out have corrected through revision of the Act. But critical are still raised continuously and these problems are caused by prohibition of settlement principle and limitation on liberty of contract for foreign worters. For these reasons stay of foreign workers is restricted and renewal of a contract and the right of change of workplace are limited. This can improve the system so that our society treats foreign workers are as a part of our economic system not a simple manual worker. The employment permit system for foreign worker should provide foreign workers with the labor condition and labor environment without discrimination, which can accept them as members of Korean society and guarantee their labor activity during the employment contract period, going beyond the influx of labor manpower, which is lacking temporarily. In addition, strengthening of support in the institutional and social welfare aspects as well as a social consensus for improving the residential environment of foreign workers through education, medical services, and cultural services is required.