Earticle

초록

영어

Most of the human rights violations involving foreign workers occur with non-professional foreign workers. Visiting overseas Korean workers have the freedom to choose their workplace, so there is not much difference in labor law protections from their Korean workers. For professional foreign workers, there are some limitations on labor protections in certain areas, but those differences can be resolved by transferring to another workplace. However, there are many limitations for non-professional foreign workers in the protections they receive under Korean labor law. The working conditions stipulated in the Labor Standards Act are governed by the principle of equal pay for equal value work regardless of whether the workers are Korean nationals or not. The principle is that the worker is paid equal to the amount of work he or she has done. There may be differences between foreigners and domestic workers depending on their language abilities and work proficiency, but when treatment violates the principle of proportional input, this difference can be deemed unjustifiable discrimination. Foreign workers, unlike Korean nationals, receive minimum wage regardless of their years of service. Annual paid leave, which is guaranteed under the Labor Standards Act, is also not enforced for foreign workers, and there is almost no monetary compensation for unused annual paid leave. In addition, unlike retirement allowance, the Departure Maturity Insurance is paid to foreign workers only upon leaving the country. The exercise of the three labor rights by foreign workers is the only opportunity to improve their working conditions. The Labor Standards Act sets the minimum standards, but without union activity, wage increases or improvement in working conditions cannot be expected. Since this is the case, foreign workers need to engage in labor union activities. If union membership is restricted, the alternative is to activate the labor-management council system to improve their welfare and access to rights through a large number participating and cooperating. The social insurances for foreign workers must be insured to protect them in principle. Employment Insurance is not compulsory. Unsubscribed foreign workers cannot receive unemployment benefits, nor Employment Insurance support for maternity leave or parental leave. Non-professional foreign workers should be excluded from application of the National Pension Plan as their short-term visa status does not allow them to meet the requirements to receive oldage pension.

목차

Abstract
Ⅰ. Introduction
II. Individual Employment Relations
1. Prohibition of Discrimination
2. Annual Paid Leave
3. Minimum Wage
4. Evaluation
III. Collective Labor Relations
1. Guarantee of the Three Labor Rights
2. Vitalization of the Labor-Management Council
3. Evaluation
IV. Social Insurances and Insurances Exclusive to Foreign Workers
1. Social Insurance for Foreign Workers
2. Insurances Exclusive to Foreign Workers
3. Evaluation
V. Conclusion
[References]

키워드

foreign worker employment permit system discrimination annual paid leave minimum wage foreign employment act illegal worker labor union three labor rights labor-management council social insurances

저자

• Jung, Bong Soo [ Labor Attorney, KangNam Labor Law Firm ]

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