고용허가제 2.0 시대, 외국인근로자 권리보호에 관한 연구

Abstract

Foreign workers, introduced in the late 20th century to resolve the manpower shortage, have contributed to Korea's economic growth over the past 20 years, centering on the Employment Permit System in 2004. Since the population deadcross in 2020, Korea has implemented various policies to secure the productive population in the era of population decline. In order to change the demand for industrial manpower and secure the productive population at the end of 2022, the Employment Permit System 2.0 with a new perspective was announced. The Employment Permit System 2.0 and follow-up policies are measures to lay the foundation for sustainable growth by securing skilled manpower from a mid- to long-term perspective. The existing Employment Permit System contributed to some extent as a three-year short-term cyclical manpower supply system, but in order to respond to environmental changes such as technological and demographic changes, it assumes foreign workers staying for a mid- to long-term or permanent stay. The foreign worker rights protection system centered on the employment permit system has limitations in protecting the rights of immigrants residing mid- to long-term or permanently. From this perspective, this study proposed a plan to strengthen the protection of foreign workers' rights by revising the Foreign Employment Act from the employer's perspective. First, it was proposed to revise the purpose clause of the Act to stipulate protection of foreign workers' rights and to establish new provisions to punish employers in case of discrimination. Second, in relation to foreign workers' right to freedom, it was revealed that in order to guarantee the right to housing where they can fully rest, it is necessary to publish a list of employers who provide residential facilities in violation of the law and acknowledge the reasons for changing the workplace in a negative manner. Third, in relation to the four major insurance policies, measures such as establishing regulations to prevent medical gaps and guaranteeing subscription to unemployment benefits and parental leave benefits in preparation for mid- to long-term residence were presented. In addition, as the allowable stay period for foreign workers increased, it was argued that the claim period for departure maturity insurance and return cost insurance should be changed. Fourth, it was revealed that employers, domestic workers, and foreign workers all need to receive training on labor-related laws, policies on foreigners, and intercultural understanding every year to lay the foundation for shared growth. It was argued that it was necessary to improve the conditions for foreign workers to demonstrate their capabilities through these measures. However, this study has the limitation of examining measures to protect the rights of foreign workers amidst the major change of the Employment Permit System 2.0, focusing on the framework of the current Foreign Employment Act.