외국인 근로자의 고용허가제서설

A Study on the Foreign Workers Employment Permission and Related Matters

Accompanying its rapid industrial growth, Korea has seen many foreign workers flowing in and out. With its higher wages, Korea has drawn many foreign workers from South East Asian poor countries, filling up its shortage of workers for hard or menial jobs in small or medium-level manufacture. However, Government has maintained the prohibition policy of foreign workers employment in spite of the stark reality of supply and demand. This had caused the illegal aliens to increase quickly, the labor market to get twisted, and the menial worker shortage to be more serious. Initially, Government met this situation with the mild measure of so-called Industrial Trainee Program, which resulted adverse rather than plausible effects, such as fraud in trainees invitation, workers human rights infringement, workers fleeing from work site, etc. Eventually, Government has legalized foreign workers employment by adopting the policy of Government Permission on Foreigners Employment introduced in the Act of Foreign Workers Employment and Related Matters. The enaction of the law has put an end to the problems of workers shortage in the small or medium-level manufacture, workers human right infringement, management of foreign manpower, as well as increase of illegal aliens. This thesis introduces the Act with the contents consisting of the following sections. Ⅰ. Preliminary Questions Ⅱ. Foreign Legal Precedents Ⅲ. Law Concerning On Foreign Labourers Employment 1 Status of Foreign Employees 2 History of Enacting 3. Subject Matters of the Act Ⅳ. Summary 1. Government s Permission and the Labor Law 2. Outlook In summary, the policy permits small or medium-size industries to enjoy lawful employment of foreign workers. They can hire aliens openly. They are given the opportunity to utilize stable three-year alien employment without worry of desertion. And they can minimize their manpower management expense by taking advantage of Government s service on management, grievance, and education. In return, the industries bear the duty to treat alien workers fairly and rightfully pursuant to domestic law. This will ease the anti-Korean sentiment which has been generated among the pertinent countries by undue treatment of foreigners by the industries. At the same time, this will also enhance the Korean national dignity and merchandise prestige.