예술흥행비자제도를 통한 이주여성 고용의 인권 문제와 법적 과제 - 인신매매에 대한 국제기준과 외국사례에 비추어 -

The international community has been responding to human trafficking as one of the most compelling human rights issues for the last two decades. However, South Korea has yet to adopt a comprehensive law and policy addressing this matter and in-depth research has been lacking as well. This article reviews relevant international standards and domestic laws in other jurisdictions, including the United States, Australia and Taiwan, with a focus on the definition and interpretation of human trafficking. It also examines important decisions issued by the European Court of Human Rights and national courts in other states. Based on this review, the article concludes that the human rights situations of migrant women who enter South Korea through the entertainer visa system and work in foreigner-only clubs amount to the level of human trafficking. Due to problematic legal systems, the absence of comprehensive policies, and judicial authorities’ indifference to and lack of understanding of contemporary forms of human trafficking, human rights violations against these vulnerable migrants have been structurally and continuously produced. The law and policy on transnational human trafficking need to be understood in terms of preventing human rights violations against migrants and guaranteeing them effective remedies. A fundamental solution to the problem should begin with adopting and operating a legal system and policy aiming to prevent and eradicate the exploitation of vulnerable migrants and to effectively guarantee their human and legal rights.