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A Study on the Reform Plan of the Employment Permit System(EPS): Focusing on the Characteristics of Galtung's Concept of Structural Violence

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2019, 2(1), pp.145-182
  • DOI : 10.22976/JHRS.2019.2.1.145
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : April 29, 2019
  • Accepted : June 13, 2019
  • Published : June 30, 2019

Choi Kyungsik 1

1성공회대학교

ABSTRACT

It is already 28 years passed since the Korean government startedimporting the low skilled migrant workers. And also it has been 15years since the opening of the current EPS, but Korea governmentstill have the strong recommendation from UN for the correction ofthe mistreatment of migrant workers against human rights. The biggest issue with the EPS is that it comprises a largenumber of elements against human rights issues which is led bystructural problem of the system. Korean government just trying to change some legal rules andregulations within the basic structure and framework of the systemwhenever there was strong tackle of structural reform for EPS. Thisis the result of failing to see the EPS as the structure of the socialcontrol system for migrant workers. This study analyzed the human rights of migrant workers in viewof the characteristics of Galtung's concept of structural violence tosettle the structural problem. As a result of the analysis, the issue of the EPS is no longerjudged as a phenomenon of discrimination and exclusion from thepersonal dimension between employers and workers, but it is ratherto be considered a structural problem of EPS against the humanrights. Therefore, I suggest some solutions to solve the problem ofhuman rights violation caused by the structural violence constitutingthe EPS. First, the dual EPS consist of general(E-9) andspecial(H-2) EPS must be abolished. Second, Korean governmentmust consider the necessity of affirmative remedies for humanrights protection of undocumented migrant workers and femalemigrant workers who are absolutely weak in human rightsprotection. Lastly, I suggest inducing of the point-based laborpermit system gradually, and it finally must go to the SkilledWorkers Immigration system of an advanced countries such asCanada and Australia which can integrate current long term migrantworkers who have worked more than 5 years.

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