This study examines the actual condition transfer of business or workplace of the low skilled migrant workers’ labor market in Korea. Also in this paper I will examine Legal Problems and Proposal on Transfer of Business or Workplace of Migrant Workers in Korea.
“The Act on the Employment of Foreign Workers.” was introduced on August 16,2003 and enforced since August 17, 2004. But existing Employment Permit System does not solved problems 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 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 Act contains abuse of human rights, and has been a lot of controversy again: ‘permission for transfer of business or workplace’(The Act on the Employment of Foreign Workers. Art.25.), However, october 9, 2009 and June 4, 2010 to meet the needs of the workers and to hire reliably foreign workers, the revisions of provision protecting the rights of foreign workers were made. However, the current employment permit system is still enforced in many legal issues still remain. In this paper, which mainly measures to review and improve the institutional and legal issues were to review.
Most of these migrant workers are working under the labor condition of lower wage and longer working hours compared with the domestic workers. This differences cause serious discrimination problems concerning the human rights of migrants connected to the national migrant workers policy.
There are several policies that constitute the Employment Permit System related to foreign workers. First of all, we can raise the anti-discrimination principle that prohibits discrimination on the basis of nationality. And among other policies are limit access by migrant workers to remunerated jobs, which is the result of granting priority to the nationals of the state of employment. This paper examines the relations between two conflicting policies.
This study suggests a few reforms on the legal system affecting migrant workers. First, host state must provide migrant workers with enough information on the jobs they will take charge of.
Regulations of “permission for change of business or workplace” to ‘protect the domestic labor market’ for some is inevitable. Employment for overseas Koreans visiting of foreign nationality are allowed freedom of employment. The results occurred in the labor markets are as follow: substitution effects on employment between domestic worker and foreign worker effects. And employment for overseas Koreans visiting of foreign nationality will be breached a complementary principle of the current “Employment Permit System” in the labor market. In the future, the revisions of “Employment Permit System” have to establish on the basis of the objective review on the impact and effect of its revision in domestic labor markets. 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 employment permit system, and introduce improvement countermeasures.