외국인 고용허가제 아래의 근로계약관계


Labor Contract Relations under the Employment Permit System


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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 religion, sex, race, and 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.
In relation to the labor contracts of migrant workers, we can think of a question, whether it may be applied or not, the provision fixed-term contract can be converted to infinite-term contract after the worker be employed over two years. To this question, this paper says that 'The Act on the Employment of Foreign Workers, etc' have different employment term and contract system, and above conversion provision cannot be applied to the labor contract of migrant workers. In the labor contract relation of migrant workers there is more critical issue, which is related to the laws about the protection of fixed-term employees and part-timers. That is whether they are applied to or not, the provision of prohibiting discrimination on account of irregularity and the provision of filing a charge of discrimination with the Labor Relation Commission.


Ⅰ. 들어가는 말
 Ⅱ. 외국인 근로자와 고용허가제의 기본원칙
 Ⅲ. 취업활동기간과 근로계약의 기간
 Ⅳ. 고용허가제 관련보험
 Ⅴ. 사업장 변경의 허용범위
 Ⅵ. 나오는 말


  • 최홍엽 Choi, Hong-yop. 조선대학교 법과대학 교수


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