외국인 고용에 있어서의 몇 가지 쟁점에 관한 규범적 검토

These days, foreign workers doing simple tasks have a large portion among foreign workers in Korea. Foreign workers have been subject to the control over the each course of entry into Korea, residence, employment, and departure with the related laws such as Act on the Employment of Foreign Workers under the specific policy objectives of the country. Employment Permit System(EPS), limitation of free choice of employment, report of employment alteration, and departure guarantee insurance are the controlling devices. Each of these institutions is based on the state controling regulative perspective that foreign workers have to return to their own countries after working for a certain period. It is because the nationalization or the settlements of the foreign workers are very sensitive matters that require careful approach even though the foreign worker labor is often needed under the circumstances of our labor market. It is still difficult to see that there is a desirable governance model established for foreign workers issues. But we can not deny the fact that foreign labor demand exists partially or periodically. Nevertheless, it is almost impossible to predict how much the benefits and harms occur during the settlement of foreign workers or whether our society has the ability to accept and overcome these problems. Therefore, it seems it's better that the governments have the initiative rather than leaving the issue in the autonomous interaction inside society in the area such as foreign workers employment, etc. However, although the policy led by the country has justification, it can't also be even reasonable judicially. If there is legal problems, it will be needed to harmonize the political legitimacy and judicial rightness in resolving them. In this paper, I reviewed and discussed the issues of EPS, limitation of free choice of employment, report of employment alteration, and departure guarantee insurance from legal perspectives.