간행물

건국대학교 이주사회통합연구소> Journal of Migration and Social Integration (JMSI)

Journal of Migration and Social Integration (JMSI) update

  • : 건국대학교 이주사회통합연구소
  • : 사회과학분야  >  사회학
  • :
  • :
  • : 연속간행물
  • : 반년간
  • : 2508-397X
  • :
  • :

수록정보
수록범위 : 1권1호(2016)~5권2호(2020) |수록논문 수 : 50
Journal of Migration and Social Integration (JMSI)
5권2호(2020년 08월) 수록논문
최근 권호 논문
| | | |

1Legal and Policy Issues of Hiring Foreign Workers

저자 : Ho-chang Roh

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 5권 2호 발행 연도 : 2020 페이지 : pp. 5-73 (69 pages)

다운로드

(기관인증 필요)

초록보기

Since the 1990s, the number of foreigners has risen sharply and now more than 2.3 million people are staying in Korea. Among them, the most important foreign manpower is foreign workers who have a very important influence on the domestic labor market. For that reason, foreign workers have been controlled by the government throughout each step of entrance, stay, employment, and departure with the related laws like Immigration Act and Act on the Employment of Foreign Workers. Especially, employment permit system (EPS), limitation of free choice of employment, report of employment alteration, and departure guarantee insurance are the main legal tools. Each institution is based on the state-led regulative perspective in that foreign workers have to return to their home countries after working for a certain period. It is because the nationalization or the settlements of the foreign workers are very sensitive issues that require careful approach even though the foreign labor force is often needed under the circumstances of our labor market. However, it is necessary to discuss from legal perspectives whether there are any problems or not in the issues of EPS, limitation of free choice of employment, report of employment alteration, and departure guarantee insurance. In addition, it is needed to review and improve from the policy point of view the problems such as illegal stay, support for the return of foreign workers, introduction of employment levy, and lack of legislative grounds for labor migrants.

2Issues and Development of Immigration Law

저자 : Hwan-hak Kim

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 5권 2호 발행 연도 : 2020 페이지 : pp. 75-129 (55 pages)

다운로드

(기관인증 필요)

초록보기

As globalization intensifies, deborder phenomenon is actively progressing through not only information distribution and capital movement but also human movement. In addition to the immigration and residence management of foreigners, their social integration, immigration, has emerged as a major concern of the community, and immigration management has become an important task for the nation. Particularly in Korea, foreigners' domestic inflows have increased dramatically since 1980, due to economic development and changes in international relations. Accordingly, in addition to the actual laws for the management of nationality and immigration, individual laws were enacted for migrant purposes such as labor migration, marriage immigration, and refugees.
Based on this accumulated written source of law, this article attempts to establish and systematize the legal field governing immigration phenomena as immigration law.
In particular, if the immigration administrative law as an individual administrative law is combined with the general administrative law, the point of contact is the perspective of immigration administration by law. This is because the political participation of foreigners is limited, but the request for rule of law in legal relations with members of the legal community is strict. Starting from this, we discuss practically how to harmonize the characteristics of immigration and immigration administration and the rule of law in the legal system.
The domain of immigration is characterized by national initiative, internationality, and complexity, and is based on the linkage between immigration order administration and social integration administration. The problems presented here are how to control the widely accepted discretion in immigration administration, and how to understand the flaws of discipline and enforcement from the point of view of rule of law. If you look at the actual legal system of immigration, the basic law can be said to be the Framework Act on Treatment of Foreigners in Korea, and the nature and rules of the content are ambiguous, revealing inconsistencies with other laws such as the Multicultural Family Support Act. And in the area of immigration law, especially in the Immigration Act, the lack of objective clauses stands out, which makes interpretation of individual laws difficult. In addition to this, due to the flooding of notices and guidelines, the actual law becomes more complicated and the normative power of the law is weakened, and there is a risk that the legal administration according to the law will be deteriorated.
It cannot be denied that the policy-meaning function of administrative law in the area of immigration law has emerged on the front, and the normative function of governing immigration policy has been retreated. Although immigration policy must be resilient in response to the dynamics of immigration, its operation must be done within the framework of the rule of law. Therefore, general administrative law interest in immigration law should be increased.

다운로드

(기관인증 필요)

초록보기

Korea has been enacting and implementing the first independent refugee law in Asia since July 2013, but it is still criticized for its low refugee recognition rate, lack of expertise in refugee screening and insufficient protection for refugee human rights.
This year marks the fifth anniversary of the implementation of the Refugee Act, and it is necessary to analyze the problems revealed in the operation of the system and present the direction of the refugee policy and reflect it in the revision of the Refugee Act. There are two main directions for the revision of the Refugee Act.
The first is the improvement of the refugee screening process. In accordance with the Refugee Convention, it is necessary to strictly enforce the principle of non-refundation, such as the operation of the referee review system as a function of preliminary screening, and the application of apparently no reason, as a preliminary screening function to settle the immigration application system. In addition, it is imperative to establish a refugee tribunal that has expanded and strengthened the function of the refugee committee, which is the current objection agency through securing private experts.
The second is to guarantee minimum rights and interests through improving treatment of refugees.

1
권호별 보기
가장 많이 인용된 논문

(자료제공: 네이버학술정보)

가장 많이 인용된 논문
| | | |
1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

다운로드

2미국의 비트코인 규제

(2006)홍길동심리학41회 피인용

다운로드

가장 많이 참고한 논문

(자료제공: 네이버학술정보)

가장 많이 참고한 논문

다운로드

2미국의 비트코인 규제

(2006)홍길동41회 피인용

다운로드

해당 간행물 관심 구독기관

대구가톨릭대학교 성균관대학교 조선대학교 경희대학교 중부대학교
 3
 1
 1
 1
 1
  • 1 대구가톨릭대학교 (3건)
  • 2 성균관대학교 (1건)
  • 3 조선대학교 (1건)
  • 4 경희대학교 (1건)
  • 5 중부대학교 (1건)

내가 찾은 최근 검색어

최근 열람 자료

맞춤 논문

보관함

내 보관함
공유한 보관함

1:1문의

닫기