Earticle

초록

영어

The basic principle of Employment Permit System (EPS) are subsidiarity principle, the transparency principle, the principle of respect for the market demand, short-term circulation principle, the principle of non-discrimination. Government, reflecting the realistic needs and the interest conflict between the foreign worker and the employer, has undermined the basic principles of the Employment Permit System (EPS) The government reflects the realistic feasibility, while does not emphasis on the legal validity. Therefore, weighted by the uncertainties of the foreign workforce policy, inefficiency and institutional stability of the foreign workforce policy in the long-term perspective is spoiled. For the settlement of the Employment Permit System (EPS), the government should not be obsessed with only the benefit of stakeholders(the foreign worker and the employer). By not departing from the basic principles of the Employment Permit System (EPS), there is a need to establish the principles of the Employment Permit System (EPS). First, the transparency principles of the foreign workforce transmission process is to recognize a certain degree of achievement. However, In order to secure the transparency in the process of transmission of the MOU countries, the improvements should be presented. Second, the government is not easy to make the corporate profits and the labor rights issues compatible. Therefore, sustained by government ambiguous policies, often cause confusion. Especially conflict between the foreign worker and the employer in the change of workplace is most severe. The minimum limit in workplace change is necessary. However, it is reasonable to restrict exceptionally, but in principle to ensure the workplace change in terms of the right to work on the environment. In order to quickly resolve the conflict surrounding the workplace change, it is also necessary to install and operate agencies with authority to investigate and judge that fact. Third, there is a need to strengthen the function of legislative policy in order to prevent the contraction of the domestic labor market and enhance the self-regulation for inflows of domestic workers. Current Employment Permit System (EPS) adhere to the principles of the short-term circulation. In practice, however, the legislative purpose that stipulate to use the skilled worker or reemployment in EPS conflict with that principle. In the future, Employment Permit System (EPS) should establish clear principles about whether or not to use foreign workers as workforce settled. Fifth, the employment permit system stipulates as basic principle the same treatment for the same work principle. However, to some extent exists objective discrimination such as exclusive blooded ritual, cultural discrimination, racial discrimination. Special employment system (H-2) that assumes the discrimination between foreign workers is contrary to the principle of complementarity. Therefore need to be accessed by the general standards of the Employment Permit System (EPS). The discrimination in current law is prohibited. But sanction provision for discrimination does not define. Therefore the effectiveness of the law is low.

목차

Ⅰ. 문제의 제기
 Ⅱ. 고용허가제 기본원칙을 둘러싼 사업주와 외국인근로자 의 갈등과 쟁점
 Ⅲ. 고용허가제의 기본원칙과 문제점 및 향후 법적 과제
 Ⅳ. 동일대우원칙과 내외국인 근로조건 차별 금지를 둘러싼 갈등과 쟁점
 Ⅴ. 결론
 참고문헌
 〈Abstract〉

키워드

저자

• 이학춘 [ Lee, Hack-chun | 동아대학교 국제전문대학원 원장, 교수 법학박사. ]
• 고준기 [ Ko, Zoon-ki | 김해외국인력지원센터 원장, 동아대학교 국제법무학과 겸임교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363