외국인근로자 관련 국내법제의 국제법적 함의 - UN 이주노동자권리협약과 고용허가제의 비교·분석을 중심으로

International Law Implications of Domestic Legal and Policy on Foreign Workers : Focused on the Analysis of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Employment Permit System

With more than 100,000 foreign workers entering the country each year through the Employment Permit System, domestic laws and policies have been reformed in various ways. According to its responses to the Universal Periodic Review, the Korean government has improved the human rights of foreign workers, regardless of whether it has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families(ICRMW). This study examines the government’s policy to ensure the right to education for the children of undocumented migrant workers living in South Korea. This policy extends to children of undocumented migrant workers who have graduated from high school and goes beyond the scope of the Convention on the Rights of the Child, which legally binds to South Korea. In effect, the ICRMW influences domestic laws and policies. In this way, domestic legal and policy has international legal implications in that it is directly or indirectly affected by the Convention, regardless of whether it is ratified or not. Based on these facts, this study examines whether the current law and policy are compatible with the ICRMW. In particular, this study focuses on Articles 52 and 25 of the ICRMW and analyzes whether the recent reform plan for the Employment Permit System is compatible with the ICRMW. Ultimately, this study aims to contribute to the creation of a society in which South Korea can coexist harmoniously with foreign workers in the demographic cliff era.