이주민 인권에 관한 국제규범의 국내법적 실현 현황과 과제:교육, 고용, 사회보장을 중심으로

The number of migrants in South Korea has been steadily increasing. Amid the decline in the economically active population, the government is seeking to shift its immigration policy by moving away from its long-standing approach of restricting settlement and prioritizing short-term labour. Instead, it is exploring measures to expand pathways for migrants to obtain long-term residence in the country. In this context, ensuring the effective enjoyment of rights in areas such as employment, education, and social security is a matter that requires heightened attention. The South Korean government has a constitutional obligation to guarantee the fundamental human rights of individuals. Furthermore, Article 6(2) of the Constitution explicitly states that “the status of aliens shall be guaranteed as prescribed by international law and treaties.” Recognizing and implementing migrants’ human rights requires a clear understanding of relevant international human rights treaties. International human rights law, founded on the principle of equality, mandates the equal protection of human rights regardless of nationality or residence status. Any differential treatment of migrants must strictly comply with the principle of proportionality. Ensuring free primary and secondary education, safeguarding minimum labour conditions that uphold human dignity, and guaranteeing an adequate standard of living with social protection in times of crisis constitute the core of these rights and must be guaranteed to all, without exception. To ensure that migrants, as active members of Korean society, are treated with equal respect and can fully enjoy their human rights in the areas of education, employment, and social security, a comprehensive review and improvement of relevant laws and policies is needed, grounded in the principle of non-discrimination and equality.