이주근로자의 건강권보호의 문제점과 개선방안 (Problems of migrant worker health rights and improvement plans)

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 26권 / 4호 / 499 ~ 524페이지
· 저자명 : 이희성

초록

South Korean Constitution acknowledges that physical/mental health rights are basic human rights. In addition, the medical Services Law stipulates that doctors and dentists from any institutes providing medical services including hospitals, general practitioner and midwifery offices cannot reject requests for diagnosis or delivery of babies without appropriate reasons. It also states that urgent patients are to be provided with the best possible treatment. The International law also states that the health rights of migrant workers who are away from their home countries are to be protected by the country of current residence according to its international and general responsibilities. Even beyond the legal and regulatory aspects, the current situation of migrant workers not being able to access the medical services easily does not match South Korean reputation and the standard of medical development.
When looking carefully at the regulations regarding health rights of migrant workers, it is generally considered that the health rights of full-time migrant workers are to be protected by health insurances while that of casual/part-time migrant workers are to be protected by medical services for minorities. However, most full-time migrant workers cannot afford health insurances and most casual/part-time migrant workers are afraid of using medical services for minorities due to the fear of their state of being illegal migrants being disclosed. In particular, the fear of these illegal migrant workers has increased due to the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’. Therefore, in order to satisfy Article 12 of the Charter of Social Rights, special consideration such as reduction of health insurance prices should be provided for legal migrant workers so that they can actually afford health insurances. Furthermore, the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’ should be dismissed for the illegal migrant workers to be able to freely use medical services for minorities, vaccinations and workers’ compensations.
It is also necessary that female migrant workers for childbirth-related medical services and medical services for under aged (under 18) migrant children should be provided. Migrants in detention centers should also receive health rights that domestic prisoners receive, at least. Medical check-ups for migrant workers should not be implemented for deportation purposes but for their health. It should also be banned that guarantor is required in emergencies and the policy of emergency medical care should be settled. Ultimately, migrant workers should become recipients of medical allowance.
Moreover, separate safety management strategies suited for various working environments are necessary on top of institutional tools in order to minimize the number of industrial accidents. It is also important to maintain close and cooperative relationships with various organizations that have been providing medical supports for the sake of health and welfare of people and efficient process of relevant projects.
Furthermore, it is hoped that a long-term and comprehensive health/welfare policies are made from migrant workers’ point of view and that special hospitals for migrant workers with medical teams with various language skills or interpreters are built at major points of the cities so that the health rights of migrant workers could be protected without inconvenience.

영어초록

South Korean Constitution acknowledges that physical/mental health rights are basic human rights. In addition, the medical Services Law stipulates that doctors and dentists from any institutes providing medical services including hospitals, general practitioner and midwifery offices cannot reject requests for diagnosis or delivery of babies without appropriate reasons. It also states that urgent patients are to be provided with the best possible treatment. The International law also states that the health rights of migrant workers who are away from their home countries are to be protected by the country of current residence according to its international and general responsibilities. Even beyond the legal and regulatory aspects, the current situation of migrant workers not being able to access the medical services easily does not match South Korean reputation and the standard of medical development.
When looking carefully at the regulations regarding health rights of migrant workers, it is generally considered that the health rights of full-time migrant workers are to be protected by health insurances while that of casual/part-time migrant workers are to be protected by medical services for minorities. However, most full-time migrant workers cannot afford health insurances and most casual/part-time migrant workers are afraid of using medical services for minorities due to the fear of their state of being illegal migrants being disclosed. In particular, the fear of these illegal migrant workers has increased due to the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’. Therefore, in order to satisfy Article 12 of the Charter of Social Rights, special consideration such as reduction of health insurance prices should be provided for legal migrant workers so that they can actually afford health insurances. Furthermore, the Immigration Law Article 84 Clause 1 ‘Responsibility to report for public servants’ should be dismissed for the illegal migrant workers to be able to freely use medical services for minorities, vaccinations and workers’ compensations.
It is also necessary that female migrant workers for childbirth-related medical services and medical services for under aged (under 18) migrant children should be provided. Migrants in detention centers should also receive health rights that domestic prisoners receive, at least. Medical check-ups for migrant workers should not be implemented for deportation purposes but for their health. It should also be banned that guarantor is required in emergencies and the policy of emergency medical care should be settled. Ultimately, migrant workers should become recipients of medical allowance.
Moreover, separate safety management strategies suited for various working environments are necessary on top of institutional tools in order to minimize the number of industrial accidents. It is also important to maintain close and cooperative relationships with various organizations that have been providing medical supports for the sake of health and welfare of people and efficient process of relevant projects.
Furthermore, it is hoped that a long-term and comprehensive health/welfare policies are made from migrant workers’ point of view and that special hospitals for migrant workers with medical teams with various language skills or interpreters are built at major points of the cities so that the health rights of migrant workers could be protected without inconvenience.

참고자료

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