외국인근로자의 인권침해에 따른 개선방안에 관한 연구

Abstract

This paper is a study on Improvement Measures to Foreign Worker's Human Rights Violations. Because foreign workers are also human beings like us, they have a right to have as human beings. Human rights are equality not infringement and not discrimination. All human beings are equal, so they must be treated equally without discrimination, in all places. In the 1960s and 1970s, the people had to get out of economic poverty. It was a core task of the state to escape economic poverty. We have also sent out a lot of construction workers to the Middle East. In Germany, they were sent out as nurses, miners, and simple laborers. Now, Korea has developed economy, improved living standards, and developed national technology. Employment increases in companies and factories, and the wages of domestic workers have also increased. In the 1990s, with the Olympics as the starting point of the 1988 Olympic Games, foreign workers were hired because of the upgrading of consumption and the improvement of the national standard. Our people have been avoiding the 3D industry. As workers became scarce, Korean companies began hiring foreign workers. As the foreign workers were getting in earnest, various problems began to appear. The number of illegal aliens has increased due to the unregistered status of foreign workers, and problems such as overtime, wages, sexual harassment, rape, and violation of health rights have arisen. Racial discrimination, cultural heterogeneity, social prejudice, and linguistic communication were not good. Such human rights violations are also problematic in the discrimination of Koreans. Foreigners who enter Korea should be protected not only by the legal system in Korea, but also by international law. Korea is a democracy and a human rights country. Do not discriminate and ignore foreign workers by saying that they are better than the old days because of the development of the national economy. In August 2003, the "Employment Permit for Foreigners" was introduced. The introduction of the Employment Permit System for Foreigners also created a legal system to legalize unregistered foreigners. Due to this legal system, the problems of supply and demand of foreign workers and human rights problems were solved a little. Despite these improvements, however, discrimination against foreign workers and human rights violations have not been solved in companies and factories. The human rights issue for foreign workers should be solved fundamentally. Nevertheless, it is a reality that the human rights problems of foreign workers are not fundamentally improved. Korea currently lacks workers due to low fertility, improved cultural life, and increased income. Korea is also aging. There is a shortage of labor due to low fertility, long life span and aging. The only way to solve the scarce labor force is the supply and demand of foreign workers. The supply and demand of the workers in the staggered state should be continuously maintained. Therefore, we should accept the foreign workers who entered the country and the foreign workers who will come to the future as members of our society with the same and equal human rights as ours. And as time goes on, the world will become one. It will be a force for the development of the nation as well as our nationals and foreign workers. Foreign workers should be treated equally and equally with us because they are part of our labor force. There must be no discrimination as a human being. Therefore, this paper intends to develop the essential human rights of human beings developed in different countries in different countries in the times. In Chapter 2, I studied Human Rights, ICESCR, ICCPR, Declaration of Fundamental Rights of ILO Workers, ILO Constitution and Philadelphia Declaration in the Universal Declaration of Human Rights and ILO Convention as a study on international human rights. Chapter 3, examined the concept of foreign workers based on comparative legal studies and Constitutional status on the legal status of foreign workers in Korea. In Chapter 4, A comparative legal review was conducted on the legal status of foreign workers. explores the legal status of foreign workers in the United States, Germany, the United Kingdom and France by looking at the actual situation and legal problems of foreign workers in advanced countries. In Chapter 5, We examined cases of human rights violations of foreign workers in Korea. we reviewed the status of foreign workers in Korea, their status and legal status of foreign workers. In Chapter 6, A plan was proposed to Improvement Measures for the human rights violation of foreign workers. Improving human rights violations of unregistered foreign workers. Improvement of Employment Law for Foreign Workers. Improvement of the Basic Law for the Treatment of Foreigners in Korea. Improvement of Labor Standards Act. Improvement of Immigration Control Act. In Chapter 7, we investigated cases of human rights abuses of foreign workers in Korea and ways to improve them. The essence of this paper is the importance of human rights as human beings and the dignity of human rights. Therefore, human rights emphasized the equality of all human beings. Equality is the foundation of all human rights. If they are not equal, they are discriminated against. If they are not equal, it is a violation of human rights. The equality of human rights is futuristic and it is a task that we must pursue. We must think about the future of human rights. We must eliminate the color, cultural heterogeneity, and prejudice of foreign workers. The purpose of this study is to investigate the employment policy and legal status of Korea in relation to the human equality in terms of human equality and to study the actual situation of the violation of legal system and human rights violations in the field. In fact, what is human rights? If we can not give a clear answer to the question, we can not study the human rights of foreign workers properly. Therefore, this paper intends to clarify clearly and clearly the essential rights of human beings that have developed in different countries in different countries in the times. Foreign workers and foreign immigrants should make all national legal systems based on equality. It should never be known as a foreign human rights violation country. We reviewed the legal status of foreign workers, studied cases of human rights violations. The purpose of this paper was to examine possible violations of human rights of foreign workers. Importantly, the cases of human rights violations were insufficient. This is because we want to hide the cases of human rights violations. However, as far as human rights violation data have been collected and studied, improvements have been made based on the Constitution and international law. We presented weaknesses and weak points of human rights protection and studied human rights as a future oriented human being. The conclusion is weak in this paper, but if the human rights of foreign workers were improved a little, the purpose of the research would not have been in vain.