농업분야 외국인력 활용제도의 변용과 중간착취 — 고용허가의 근무처 추가제도와 계절근로제를 중심으로 — (Agricultural foreign worker utilization system and Elimination of Intermediary Exploitation)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 48권 / 171 ~ 208페이지
· 저자명 : 전윤구

초록

According to Korean law, foreign workers have to remain tied to the employer's workplace throughout the country's stay. But such a policy thoroughly blocks workplace changes due to the voluntary wishes of workers and has many side effects. This is because these policies completely ignore human nature in pursuit of economic interests. Rather, these policies only provide a justification for foreigners who leave the workplace to rationalize their actions. Under this consciousness of the problem, this study critically reviewed the additional system of employment and seasonal work system under the Immigration Control Act as a system for utilizing foreign workers in the agricultural sector.
In conclusion, it was suggested that the additional system of employment in the crop cultivation industry where there is a high possibility of intermediary exploitation should be officially abolished, and in relation to the seasonal work system, it is urgent to prepare legal protection regulations reflecting the characteristics of seasonal work. Furthermore, it suggested that, in the field of at least agriculture and fisheries, the restrictions on working hours were not properly regulated, so that the restriction on the specific workplace should no longer be a condition of the employment permit, and the workplace change within a single industry where the work permit was granted should be allowed in principle.

영어초록

According to Korean law, foreign workers have to remain tied to the employer's workplace throughout the country's stay. But such a policy thoroughly blocks workplace changes due to the voluntary wishes of workers and has many side effects. This is because these policies completely ignore human nature in pursuit of economic interests. Rather, these policies only provide a justification for foreigners who leave the workplace to rationalize their actions. Under this consciousness of the problem, this study critically reviewed the additional system of employment and seasonal work system under the Immigration Control Act as a system for utilizing foreign workers in the agricultural sector.
In conclusion, it was suggested that the additional system of employment in the crop cultivation industry where there is a high possibility of intermediary exploitation should be officially abolished, and in relation to the seasonal work system, it is urgent to prepare legal protection regulations reflecting the characteristics of seasonal work. Furthermore, it suggested that, in the field of at least agriculture and fisheries, the restrictions on working hours were not properly regulated, so that the restriction on the specific workplace should no longer be a condition of the employment permit, and the workplace change within a single industry where the work permit was granted should be allowed in principle.

참고자료

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