This has aimed at analysing the problematics that migrant workers are perceived as indispensable resources for domestic economic growth, while they are perceived as being to be marginalized in domestic labor market. For this purpose, internatio... This has aimed at analysing the problematics that migrant workers are perceived as indispensable resources for domestic economic growth, while they are perceived as being to be marginalized in domestic labor market. For this purpose, international, domestic law and the cases of migrant workers in Gyeongsan City have been examined how the labor rights of migrant workers are secured in Korea The major findings of this research can be summarized as follows; First, the international law defines the object, who should be fairly treated and protected from discrimination, as all people, based on the human dignity, and prescribes the prohibition of discrimination on 'race, skin color, sex, religion, political opinion, nationality and social class'. In this connection, the article 11 of the Korean law stipulates the prohibition of discrimination on all people to the similar level of the international law, and includes 'migrant workers', who are 'foreigners', guaranteeing the basic human rights, which is the right of freedom, to the all people. In addition, ILO agreement and the equal employment opportunity law in Korea include all workers for parity of treatment and work of equal value and accept the reasonable discrimination, based on the 'objective assessment' with a comparison, but the examples of migrant workers in Gyeongsan shows that the discrimination occurs because of wrong corporate value and lack of understanding on other cultures without a clear standard on technology and effort, required for the work. Second, the standard of the international law on forced labor includes all works, including slave labor, slavery and other works, against to the workers' own will. The article 15 of the constitution accepts the freedom to work and the right for the working environment for the right to work. However, judical precedents were passive to the freedom of migrant workers to work but set a limit on the transfer of workplace, where migrant workers work, to protect the opportunity of employment of workers. However, as the law revision caused the reduction of period, spent to hire the local, and a long stay of migrant workers, the original purpose of employment license system comes to be ruined and migrant workers become in a danger of forced work as their subordinations to business owners come to be intensified to extend the length of their stays. The examples of migrant workers in Gyeongsan shows that a long-hour work and forced work by unregistered identity have been done for renewal of a contract. Third, the standard of the international law on a labor union and right to join stipulates that all workers have the right to form and join the labor union to protect their own interests. Additionally, the 98 issue of ILO agreement specifies the protection of workers, displaying their rights to organize because of anti-union discrimination, and prohibits disadvantageous treatment in employment, dismissal and the right to organize. However, in the case of the International Convention on the Protection of All Migrant Workers and their Families, the right to organize of unregistered workers is not assured, however, the judgment by the Supreme Court in 2015 protected formation and registration of labor union for all migrant workers in Korea. It took a relatively major step forward, compared to the standard of the international law, but the contradiction was found in the judgment. That is, the right became formal by separating compulsory eviction by Immigration Control Law and the right to form and join the labor union. Meanwhile, migrant workers have been lack of the recognition on their own rights to work, as shown in the examples of onsite specialists. Migrant workers have been recognized themselves as people, visiting Korea for a short time for economic goal, thus, have just endured the unfair treatment and haven't had detailed solutions with the short of understanding on the law. To improve this, we should guarantee liberal labor union activities by constituting exceptional regulations to article 47 of Immigration Control Law and reinforce legal education in employment education for migrant workers, done after they enter Korea, to develop their recognition on labor rights. ，韩语毕业论文，韩语毕业论文 |
