고용허가제에 대한 비판적 연구 - 법제와 사법판단을 중심으로 -

As economically active population continues to decline, policies and systems to ensure an adequate number of population are being introduced in many countries. Korea also seeks to implement various systems and policies to achieve sustainable society. Giving preferential treatment to overseas nationals and setting up policies accommodate foreign workers are the examples of such efforts. In fact, we noted that Korean society is more diversified and multi-culturalized as there are more inflow of foreigners in Korea. However, nepotism is still prevalent in policies and legal systems, acting as a barrier to multi-culturalized society. From the 1990s onwards, labor importation to Korea began with the introduction of industrial trainee system which later faced criticism for human rights and labor rights violations. Afterwards, in an attempt to facilitate the inflow of foreign labor, employment permit system was implemented. However, the demand for legislative improvement keeps growing due to the inherent problems and managerial issues of the employment permit system. In particular, voices are increasingly being raised in favor of protection and promotion of rights of the foreign workers who are the direct object of the legal system. Nonetheless, the government and the legislature as well as the judiciary, seem reluctant to come together and solve the problems. Foreign workers are human beings, regardless of whether they are foreign nationals and workers. They are not mere resources used to produce output and labor. Those who are against permanent settlement of foreign workers as well as government and the employers should also be aware of the fact that these workers are offering labor in Korea as human beings. Legal systems de facto violating fundamental human rights have to be reformed. Improvements in laws and institutions are also needed in that long-term immigrants in Korea can be future citizens.