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Legal Problems and Proposal on Employment of Migrant Workers
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이주근로자의 고용에 관한 법적 문제점과 개선방안

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Type
Academic journal
Author
Journal
The Korean Academy of Business Law 경영법률 경영법률 제18권 제3호 KCI Accredited Journals
Published
2008.1
Pages
273 - 298 (26page)

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Legal Problems and Proposal on Employment of Migrant Workers
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This study examines the characteristics of the low skilled migrant workers’ labor market in Korea and the effect of migrant workers on the Korean labor market and society, and points to where Korea’s policy for labor migration should be headed. Also in this paper I will examine work permit system and summarize legal points and actual problems. Our country introduced work permit system on August 16, 2003, and enforced since August 17, 2004. But existing migrant worker system does not solved problem of violation of human rights and discrimination. Also, this system prevents migrant workers from acquiring proper protection of labor law. Specially, this system is going to cause illegal stay, because the existing provisions includes such a poisonous clause as ‘a limitation of transfer of business place ’or ‘a contract of a year unit' etc. Finally, there is possibility that cause the violation of human rights and the exploitation of labor that happened under the industrial trainee system. Also, this system causes much problems because existing migrant workers policy runs parallel with the industrial trainee. In this paper I will examine revision plans for on the general problem and problem of violation of human rights that appear at enforcement process of work permit system, and introduce improvement countermeasures.

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