인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
개인구독
소속 기관이 없으신 경우, 개인 정기구독을 하시면 저렴하게
논문을 무제한 열람 이용할 수 있어요.
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
The provisions of Article 25 of the Foreign Workers’ Employment Act, which limit the freedom of foreign workers to change workplace, are recognized as the subject of basic rights to foreign workers under the constitution. It can be said to be unconstitutional by violating the back.
In other words, the provisions of the Foreigner Employment Act can be said to limit the freedom of contract of foreign workers to terminate the previous labor contract and sign new labor contracts. It is seen that it violates the constitutional principle of proportionality (the principle of excess prohibition) by excessively restricting the freedom of the derived labor contract.
In addition, a legislative improvement is also requested in consideration of the elements of the unconstitutionality of the regulation on workplace change mentioned above. First, considering the fact that Germany switched to the labor permit system through the parallel period of the employment permit system and the work permit system, Korea also needs to ultimately switch to the work permit system through the parallel employment permit system and the work permit system. Since the restriction violates the principle of prohibition of excess, it is necessary to at least allow the freedom to change workplace within the same industry.
The second, when the employer unilaterally terminates the labor contract and reports this to the job security officer, the employee may take a remedy for unfair dismissal in the case of restrictions on the application period and permission period for workplace change. It is necessary to ensure that the period does not apply. Regarding the limit on the number of times foreign workers change workplace, at least foreign workers should be allowed to change workplace freely within the limit of the number of times.
Through these institutional and legislative improvements, foreign workers should enjoy the basic constitutional rights as workers who live on wages by providing work, as well as domestic workers, and ensure their dignity and the right to pursue happiness.
In other words, the provisions of the Foreigner Employment Act can be said to limit the freedom of contract of foreign workers to terminate the previous labor contract and sign new labor contracts. It is seen that it violates the constitutional principle of proportionality (the principle of excess prohibition) by excessively restricting the freedom of the derived labor contract.
In addition, a legislative improvement is also requested in consideration of the elements of the unconstitutionality of the regulation on workplace change mentioned above. First, considering the fact that Germany switched to the labor permit system through the parallel period of the employment permit system and the work permit system, Korea also needs to ultimately switch to the work permit system through the parallel employment permit system and the work permit system. Since the restriction violates the principle of prohibition of excess, it is necessary to at least allow the freedom to change workplace within the same industry.
The second, when the employer unilaterally terminates the labor contract and reports this to the job security officer, the employee may take a remedy for unfair dismissal in the case of restrictions on the application period and permission period for workplace change. It is necessary to ensure that the period does not apply. Regarding the limit on the number of times foreign workers change workplace, at least foreign workers should be allowed to change workplace freely within the limit of the number of times.
Through these institutional and legislative improvements, foreign workers should enjoy the basic constitutional rights as workers who live on wages by providing work, as well as domestic workers, and ensure their dignity and the right to pursue happiness.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
최근 본 자료 전체보기
UCI(KEPA) : I410-ECN-0101-2021-360-001558382
