해외근로한국인과 국내근로외국인의 법적 권리

목차

1. Employment law in Korea
2. Employment market
3. Governing law
4. Korean workers abroad
5. Foreign workers in Korea
6. Legal rights of non-Korean workers

본문내용

There are laws in Korea such as the Labor Standards Act (LSA), the Basic Employment Policy Act, the Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion, the Employment Security Act (ESA), the Act on Foreign Workers’ Employment, etc. (AFWE), and the Act on Employment and Support for Work-Family Reconciliation, which provide for equal treatment in working conditions, pay, and other terms of employment.
Article 5 of the LSA prohibits discrimination based on nationality, among other factors, and Article 22 of the AFWE bans unfair and discriminatory treatment to foreign workers on grounds of their status”.

<중 략>

In Supreme Court 2006.12.7. Seon’go 2006da53627, it was ruled that an agreement between parties which excludes jurisdiction of a Korean court is ineffective, when the dispute or the parties in question fall under the jurisdiction. The court referred to Article 2 of the PIA, which stipulated that if a party or a case in dispute is substantively related to Korea, a Korean court should have the international jurisdiction. The foreign trainees in the case received more than just technical training, and provided services as required by the employer to receive salary.

참고 자료

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