외국인 노동자의 법적보호

李光澤 國民大學校 法學硏究所 2004 법학논총 Vol.16 No.-

In August 2003 the Act Concerning Employment of Foreign Workers which induced the "employment permit system"(EPS) was promulgated. The EPS was designed in order to reduce the abuses of the "Industrial Trainee System"(ITS) as well as lighten legal employment of alien workers by medium and small industries which have difficulties in recruiting Korean workers. In the process of preparing for the new EPS, which is to be affective in August 2004, the Government of Korea took a measure between September and November 2003 to legalize 184,000 aliens, or 81% of the 227,000 illegal residents, who were staying in Korea for less than 4 years. The others were to be expelled out of Korean territory. The selective legalization process for undocumented migrants who have been in Korea (as of March 31, 2003) was as follows: 1) less than 3 years are eligible for sojourn status; 2) between 3 years and less than 4 years: eligible for visa issuance certificate then leave the country by November 15. Afterwards within 3 months return to Korea for legal employment; 3) more than 4 years: there is no way to legalize (the Korean government has warned that they must leave the country by November 15, otherwise arrest and forcible deportation would be implemented). Expulsion, heavy fines, and ban on reentry were to be the consequences of all undocumented migrant workers who did not leave voluntarily. A joint rally of the joint Committee for Migrant Workers in Korea (JCMK)/the Common Committee for Opposing Crackdown on Migrant Workers, Abolition of Trainee System and Securing Migrants' Rights, Korea (COCATS) and the Special Committee on Amending the Overseas Korean Act was held in downtown Seoul on November 2. On November 11 a Sri Lankan migrant, who came to Korea as a trainee 7 years ago to support 7 family members in home, threw himself at a subway train with the fear of forced deportation. On the next day a Bangladesh migrant, who had been staying in Korea for 7 years, hung himself because there was no way to pay back the loan raised in order to come to work in Korea. These deaths triggered a series of sit-in protests which was started in Ansan of Gyeonggi province. On 14 migrant workers in Changwon of Gyeongnam province staged a sit-in protest after a memorial service for the dead alien workers. A large group of Chinese workers of Korean origin joined the sit-in protest, as well. Between November 17 and 28 the Ministry of Justice, National Intelligence Service, and Police Agency jointly operated forcible deportation of undocumented migrants who were not eligible for legalization. During the period 1,233 migrant workers and 250 employers were taken into custody. On 20 a Russian migrant, who came to Korea in January 2003 with tourist visa, jumped overboard in trying to escape from the ship taking him back home. On 25 an Uzbek out of despair hung himself in Incheon. On December 3 a policy coordinating meeting under the Office of the Prime Minister released new measures to solve undocumented migrants' problem. According to the new measures, if the undocumented migrants voluntarily leave the country by the end of 2003, the period of ban on reentry would be shortened as less than 6 month. During the period of December 8 and 17 when the government operated the 2nd round of joint control measures, a Korean Chinese died on the street due to the cold weather and a Bangladeshi worker found dead in a container where he hid himself during the control and was unable to be properly treated for heart ailment. On 13 a group of Indonesian migrant workers from Changwon who were holding silent demonstration in front of the Korea Methodist Church were attackted by the immigration officials. Senior leaders of National Council of Churches in Korea (KNCC), Buddhist leaders, film directors, actors and actresses, medical doctors released statements on opposing the forced deportation and legalizing all undocumented migrant workers. On January 7, 2004 after a protest demonstration in front of the Bangladesh Embassy riot police and immigration officials arrested two migrants. On the next day a protest rally was held in condemning the Ministry of Justice that allowed brutal attack on migrants and migrants' rights advocates. Between January 16 and 21 the protest group participated in the World Social Forum 2004 in Mumbai, India in order to make public the ongoing migrants' struggle in Korea and strengthen the network and solidarity with migrant rights groups. On 20 the Office for Government Policy Coordination released measures to extend grace period for undocumented migrants again. On February 6 the migrants and Korean Chinese groups concluded a 84-day sit-in protest declaring the 2nd round of their struggle. The decision was made after the Government agreed on extention of grace period to voluntarily leave the country in exchange for a guarantee they could return legally later. II. The theme "migrant workers" became one of three main topics discussed in the XIV World Congress of Labour Law and Social Security, which was held in Seoul from September 26 through 30, 1994. According to the ILO Convention No. 143, the term "migrant worker" means a person who migrates or who has migrated from one country to another with a view to being employed otherwise than on his own account and includes any person regularly admitted as a migrant worker.(Art. 11, Para. 1) The ILO Convention No. 143 of 1973, which came into force on December 9, 1978 in supplement to the Convention No. 97 of 1949, gives further provisions concerning migrations in abusive conditions and the promotion of equality of opportunity and treatment of migrant workers. Each member state for which this Convention is in force shall undertake to respect the basic human rights of "all migrant workers"(Art. 1). In order to prevent and to eliminate migrations in abusive conditions Article 3 of the Convention No. 143 stipulates as follows: Each Member shall adopt all necessary and appropriate measures, both within its jurisdiction and in collaboration with other Members (a) to suppress clandestine movements of migrants for employment and illegal employment of migrants, and (b) against the organisers of illicit or clandestine movements of migrants for employment departing from, passing through or arriving in its territory, and against those who employ workers who have immigrated in illegal conditions. Article 9, Paragraph 1 of the Convention No. 143 reads: "Without prejudice to measures designed to control movements of migrants for employment by ensuring that migrant workers enter national territory and are admitted to employment in conformity with the relevant laws and regulations, the migrant worker shall, in cases in which these laws and regulations have not been respected and in which his position cannot be regularised, enjoy equality of treatment for himself and his family in respect of rights arising out of past employment as regards remuneration, social security and other benefits." According to Article 10 of the Convention, each Member for which the Convention is in force undertakes to declare and pursue a national policy designed to promote and to guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory. Each Member shall also, by methods appropriate to national conditions and practice, in consultation with representative organisations of employers and workers, formulate and apply a social policy appropriate to national conditions and practice which enables migrant workers and their families to share in advantages enjoyed by its nationals while taking account, without adversely affecting the principle of equality of opportunity and treatment, of such special needs as they may have until they are adapted to the society of the country of employment.(Art. 12 (e)) But the provisions concerning equality of opportunity and treatment do not apply to - (a) frontier workers; (b) artistes and members of the liberal professions who have entered the country on a short-term basis; (c) seamen; (d) persons coming specifically for purposes of training or education; (e) employees of organisations or undertakings operating within the territory of a country who have been admitted temporarily to that country at the request of their employer to undertake specific duties or assignments, for a limited and defined period of time, and who are required to leave that country on the completion of their duties or assignments.(Art. 11, Para. 2) To Korea hundreds of thousand workers mostly from Asian countries have been admitted as the so-called "vocational trainees" and later "industrial trainees." The question is whether the "vocational trainees" or "industrial trainees" admitted to Korea fall under the category of "the persons coming specially for purposes of training or education", as defined in Art. 11, Para. 2(d) of the Convention. Unfortunately, the answer to this question is negative. Most of the "trainees" admitted to Korea are sent directly to undertakings which are not prepared to give ordinary vocational training. The sit-in strike of the Nepalese workers in January 1995 triggered a series of discussions to better the situation of the migrant workers in Korea. Without equal treatment of the migrant workers in labour law and social security, the "globalization" would remain mere political propaganda. In this sense, it is expected that the new EPS is able to find right ways to design national and international policy to promote and guarantee equality of opportunity and treatment in respect of employment, and of other rights related thereto and to respect the basic human rights of all migrant workers.

영국의 동유럽 이민자 : 과거와 현재

정희라 한국외국어대학교 국제지역연구센터 2009 국제지역연구 Vol.13 No.1

This paper explores the immigration policy and social conflicts relating to Eastern European migrants in Britain. It deals with not only the current issues of the migrants but also those who immigrated into the UK from Eastern Europe by 1945. Recently the issue of the foreign workers from Eastern European countries is at stake, because their inflow has rapidly increased since EU enlargement on 1 May 2004. British workers believe that their jobs have been lost to Eastern European workers, and that a huge amount of tax has been spent for the latter―mainly for their health, education, and travel coasts. As the economic recession become serious in the UK, xenophobia and nationalism against Eastern European migrants have increased. Britain has been one of the favorite destinations to which Eastern Europeans emigrated. Britain was known as a country of religious toleration until early 20th century. Recently it is the country where they could work with relatively high salary, learning English. British government has welcomed Eastern European migrants, who are not different from Britons racially and culturally, when the country suffers labor shortage. By the end of the Second World War Britain which faced serious labor deficiency actively recruited Eastern European labors such as Polish veterans and refugees. Immediately upon EU enlargement in 2004, Britain, along with Ireland and Sweden, was in a minority among the member states of the pre-enlarged EU to grant workers from the A8 countries free access to the UK labor market, since it suffers significant shortages of labor in low-wage jobs. The migrants from Eastern Europe in the 21st century are different from those Eastern Europeans who entered into Britain by 1945. The latter established its community and was integrated into British society, while the former does not intend to settle down in Britain permanently. It shows a pattern of ‘seasonal migration' or ‘circular migration'. Indeed, the 21st-century Eastern European migrants are the so called, 'Nomad', who migrate wherever and whenever in search of jobs. 2009년 영국은 경제위기와 함께 유럽연합 회원국들로부터 온 외국인 노동자 문제로 고심하고 있다. 경기침체 상황이 장기화될 전망 속에 영국인 노동자들 중 일부는 외국인 노동자들 때문에 자신의 일자리를 잃고 있다는 생각에서 “영국의 일자리는 영국인에게”라는 구호를 외치고 있다. 이 갈등의 중심에는 유럽연합의 확대와 함께 영국으로 유입된 동유럽 출신의 이민자들이 자리 잡고 있다. 본 연구는 유럽연합 확대 이후 영국의 동유럽 이민자에 대한 정책과 갈등양상 뿐만이 아니라 2차 세계대전 직후 영국에 정착했던 동유럽 이민자들도 연구 대상으로 삼아 과거와 현재의 동유럽 이민자들을 비교한다. 동유럽 이민자는 영국 정부가 노동력 부족을 겪을 때 적극적으로 수용한 이민자였다. 영국인들과 인종적으로나 문화적으로 이질감이 적은 동유럽인들은 최적의 외국인 노동력으로 간주되었다. 전후 영국의 동유럽 이민자 집단의 주착이 되었던 폴란드 이민자들은 전쟁과 추방이라는 강제적 원인에 의해 영국에 정착하게 되었고, 강한 민족적 정체성을 드러내었다. 반세기 뒤 새로운 폴란드인을 중심으로 한 동유럽 이민자들은 경제적 원인에서 영국으로 들어왔다가, 영국 이주의 경제적 가치가 떨어지면 곧 떠나가고, 또 언젠가 다시 돌아올 전형적인 ‘신유목민(nomad)'의 모습을 보여주고 있다.

박정희시대의 일상생활과 군사주의-징병제와 '신성한 국방의 의무'담론을 중심으로

공제욱,이승훈,고원,신병식,홍성태,김명숙,장영민,정호기,유선영 한국산업사회학회 2006 경제와 사회 Vol.0 No.72