국제인권규약상 노예제 및 강제노동 금지와 한국의 실행

Article 8 of the International Covenant on Civil and Political Rights(ICCPR) stipulates the prohibition of slavery and the slave-trade(paragraph 1), the prohibition of servitude(paragraph 2), and the prohibition of forced or compulsory labour(paragraph 3). Unlike paragraphs 1 and 2, there are certain exceptions to the prohibition of forced or compulsory labour under paragraph 3. Specifically, hard labour as punishment for a crime is ‘permissible’ forced or compulsory labour. Work in detention, military and national service, duties in cases of emergency and normal civil obligations do not constitute forced or compulsory labour. Although traditional forms of slavery have been abolished, slavery-like practices have not been eradicated. Therefore, the implementation and compliance of Article 8 of the ICCPR remains a major challenge worldwide. This article examines the meaning and content of Article 8 of the ICCPR and, based on this, reviews the application and implementation of Article 8 by Republic of Korea as a State party to the ICCPR. Regarding practice of the Republic of Korea, this article focuses on the following issues that have been controversial both nationally and internationally: (ⅰ) criminal penalties for participating in strikes, (ⅱ) social work personnel service, (ⅲ) Restricting foreign workers from changing workplace, (ⅳ) use of E-6(Culture and Entertainment) visas to cover up trafficking for the purpose of prostitution.