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국제노동이주의 규율에 관한 최근의 논의 - 전지구 이주협정의 체결을 중심으로 -

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A recent discussion on international labour migration rules – Centering around the conclusion of the Global Compact for Migration –

최홍엽

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‘The Global Compact for safe, orderly and regular migration’(GCM) is one of the way the international community responds to the new and important phenomenon of large-scale international migration. Just as the existing international human rights treaties, the degree of international consensus is weak and takes too much time to establish a new treaty. However, the problem is too important and urgent to leave it to each other's good intentions, so it is necessary for the UN states to take joint action through mutual agreements. But, these agreements, formed with participation by nearly all countries on Earth, may continue to have an impact in the future. It may be true, but if the efforts to conclude an agreement are made to advance the agreement, it could develop into a new treaty or a new law. The main point is that in the mass migration era, the international community is trying to raise the level of regulation for migration in five ways. As the report by Peter Sutherland, former representative to the United Nations pointed out, ( i ) managing crisis-related movements and protecting migrants at risk; ( ii ) building opportunities for labour and skills mobility; ( iii ) ensuring orderly migration, including return; ( iv ) fostering migrants’ inclusion and development; and ( v ) strengthening migration governance capacities. The Global Compact for Migration(GCM) scheduled for the end of this year will be concluded with these key foci. In order to do this, the UN states needs to engage in further negotiations between the states, such as assistance to large numbers of countries that receive refugees, and a plan to raise funds to support international immigrants. Meanwhile, in the course of the establishment of Global Compact for Migration, the guarantee of labor rights of migrant workers is accepted as a reasonable premise. The direction and contents of the guarantees of human rights based on the abolition of forced labor, the prohibition of child labor, and protection of vulnerable migrant workers varied slightly from international documents, but they were confirmed in the previous international discussions. We have outlined the trends of international discussion following the massive outbreak of immigrants and refugees in the region. The U.N. agencies and countries around the world are feeling the seriousness of the problem and are trying to establish new governance, such as GCM. It started a joint effort to correct inequality between the countries and within the country, to create conditions for ‘Decent Work’, and to create a sustainable global village. Though the comprehensive agreement on migrants and refugees to be enacted by 2018 by specifying the New York Declaration in September 2016, the issue of global interest is how effective it is and how it will be prepared for action.

목차

I. 들어가는 말
II. 뉴욕선언과 2030 Agenda
III. 이주특임대표 서덜랜드의 보고서
IV. 전지구 이주협정의 준비안
V. 맺는 말
참고문헌

저자정보

  • 최홍엽 Choi, Hong-yop. 조선대학교 법과대학 교수.

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