개정 고용허가제의 문제점과 개선방안 ― 2009년 10월 9일 개정법률을 중심으로 ― (Revisions and improvements on Issues of the current Employment Permit System - Focused on Law Revised in October 9, 2009 -)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 18권 / 1 ~ 36페이지
· 저자명 : 고준기, 이병운

초록

The "Act on Foreign Workers' Employment, etc.", enacted in and on 17 August 2004. However, this Act contains abuse of human rights, and has been a lot of controversy again: 'permission for change of business or workplace'(Act on Foreign Workers' Employment, etc. Art.25.), "term of labor contract((3)The term of the labor contract shall not exceed one year. (Article 9)), etc. However, October 9, 2009 to meet the needs of the workers and to hire reliably foreign workers, the revisions of provision protecting the rights of foreign workers were made. However, the current employment permit system is still enforced in many legal issues still remain. In this paper, which mainly measures to review and improve the institutional and legal issues were to review. For example, the revision of "Act on Workers Employment, etc." actually extended the period of employment and removed the compulsory leave as mandatory requirements for reemployment by law, satisfying and meeting the interests of between the employers and the foreign workers. Because the Act does not allow family-accompany but unaccompanied, all alone for work, the current system are likely to provoke criticism from international community.
Regulations of "permission for change of business or workplace" to 'protect the domestic labor market' for some is inevitable. Employment for overseas Koreans visiting of foreign nationality are allowed freedom of employment. The results occurred in the labor markets are as follow: substitution effects on employment between domestic worker and foreign worker effects.
And employment for overseas Koreans visiting of foreign nationality will be breached a complementary principle of the current "Employment Permit System" in the labor market. In the future, the revisions of "Employment Permit System" have to establish on the basis of the objective review on the impact and effect of its revision in domestic labor markets.

영어초록

The "Act on Foreign Workers' Employment, etc.", enacted in and on 17 August 2004. However, this Act contains abuse of human rights, and has been a lot of controversy again: 'permission for change of business or workplace'(Act on Foreign Workers' Employment, etc. Art.25.), "term of labor contract((3)The term of the labor contract shall not exceed one year. (Article 9)), etc. However, October 9, 2009 to meet the needs of the workers and to hire reliably foreign workers, the revisions of provision protecting the rights of foreign workers were made. However, the current employment permit system is still enforced in many legal issues still remain. In this paper, which mainly measures to review and improve the institutional and legal issues were to review. For example, the revision of "Act on Workers Employment, etc." actually extended the period of employment and removed the compulsory leave as mandatory requirements for reemployment by law, satisfying and meeting the interests of between the employers and the foreign workers. Because the Act does not allow family-accompany but unaccompanied, all alone for work, the current system are likely to provoke criticism from international community.
Regulations of "permission for change of business or workplace" to 'protect the domestic labor market' for some is inevitable. Employment for overseas Koreans visiting of foreign nationality are allowed freedom of employment. The results occurred in the labor markets are as follow: substitution effects on employment between domestic worker and foreign worker effects.
And employment for overseas Koreans visiting of foreign nationality will be breached a complementary principle of the current "Employment Permit System" in the labor market. In the future, the revisions of "Employment Permit System" have to establish on the basis of the objective review on the impact and effect of its revision in domestic labor markets.

참고자료

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