외국인근로자 고용에 있어서의 법적･정책적 쟁점

Since the 1990s, the number of foreigners has risen sharply and now more than 2.3 million people are staying in Korea. Among them, the most important foreign menpower are foreign workers who have a very important influence on the domestic labor market. For that reason, foreign workers have been controlled by the government throughout each step of entrance, stay, employment, and departure with the related laws like Immigration Act and Act on the Employment of Foreign Workers. Especially, employment permit system (EPS), limitation of free choice of employment, report of employment alteration, and departure guarantee insurance are the main legal tools. Each institution is based on the state-led regulative perspective in that foreign workers have to return to their home countries after working for a certain period. It is because the nationalization or the settlements of the foreign workers are very sensitive issues that require careful approach even though the foreign labor force is often needed under the circumstances of our labor market. However, it is necessary to discuss from legal perspectives whether there are any problems or not in the issues of EPS, limitation of free choice of employment, report of employment alteration, and departure guarantee insurance. In addition, it is needed to review and improve from the policy point of view the problems such as illegal stay, support for the return of foreign workers, introduction of employment levy, and lack of legislative grounds for labor migrants.