미등록 외국인근로자 실태 및 노동법상 문제점

The problem of legal status of unregistered foreign workers arising as a result of failing to meet the requirements of the Immigration Control Act and the employment of foreign workers is becoming a serious social problem as the number of foreigners who work and stay in Korea is increasing. In other words, there are foreign workers who are not legally entitled to work, and who are not legally entitled to work, in addition to foreign workers who legally work in the workplace with the status of residence. In particular, unregistered foreign workers may be employed illegally in Korea, or who continue to work in the country despite the fact that their legal stay has lapsed, or who are working in Korea due to violation of the legal requirements of their status of residence Concept. A common characteristic of these unregistered foreign workers is that they are providing or offering to work for wage purposes but are in an unstable position because they fail to meet the legal requirements of relevant laws. Of course, according to the Supreme Court's ruling, unregistered foreign workers can also be legally recognized for their worker status under the Labor Standard Act and Labor union & Labor Relations Adjustment Act, and for the improvement of working conditions through the establishment of labor unions. However, the working conditions of unregistered foreign workers are very poor in the industrial field that has recently been shown through media. In order to prevent the occurrence of unregistered foreign workers, it is necessary to improve the legal system in the beginning. Nevertheless, if unregistered foreign workers have occurred, as long as they provide labor and stay in Korea, Relevant legal rights should be guaranteed. In addition, there should be at least a guarantee of human life.