제1장 서론 ····························································································· 1
1. 연구의 배경 ································································································· 1
1) 부산시 인구감소와 이주민의 인구 증가 ············································ 1
2) 결혼이민자에게 편중된 지원의 문제점 ·············································· 1
3) 부산시 이주민 지원정책 현황과 문제점 ············································ 2
4) 이주노동자의 현안 파악과 인권 보호의 시급성 ······························· 3
2. 연구의 목적과 필요성 ················································································ 4
3. 연구의 내용 ································································································· 5
4. 연구의 방법 ································································································· 5
제2장 이주민현황과 지원정책 ··························································· 6
1. 이주민현황; 부산시 이주노동자의 특성 ·················································· 6
1) 이주민과 이주노동자의 개념 ······························································· 6
2) 이주민현황 ····························································································· 7
3) 부산시 이주노동자의 특성 ·································································· 9
2. 국제이주의 배경과 인권 기준 ································································ 15
1) 국제이주의 원인 ················································································· 15
2) 이주의 시대에 주목해야 할 최신 국제이주 경향 ························· 16
3) 국제 기준 및 권고 ············································································· 17
4) 국가인권위원회 가이드라인과 권고 ················································· 18
3. 중앙정부 이주노동자 지원정책 ······························································· 26
1) 관련 법률 ····························································································· 26
2) 부처별 지원정책 ················································································· 29
4. 민간의 이주노동자 지원사업 ·································································· 37
5. 타 지자체와 부산시 이주노동자 지원정책 비교 ·································· 38
1) 부산시의 이주노동자 지원정책 ························································· 38
2) 타 지자체와 부산시의 이주노동자 지원정책 비교 ························· 44
제3장 부산시 이주노동자의 노동인권 현안 ·································· 72
1. 상담을 통해 본 부산시 이주노동자의 실태 ·········································· 72
2. 이주노동자의 노동인권 ············································································ 77
1) 임금, 퇴직금, 각종 가산수당 체불 ·················································· 77
2) 고용허가제 노동자, 퇴직금은 귀국 후에 ········································ 78
3) 임금체불 상담 진행 절차 ·································································· 79
4) 임금체불 사례 ····················································································· 80
3. 여성 이주노동자의 모성권 ······································································ 82
1) 여성 이주노동자의 모성권 실태 ······················································· 82
2) 상담사례 ······························································································· 84
4. 이주노동자의 안전과 건강권 ·································································· 87
1) 이주노동자와 의료상담 ···································································· 87
2) 이주노동자와 산업재해 ······································································ 94
5. 이주노동자의 사업장변경권 ···································································· 98
1) 고용허가제(Employment Permit System) ··································· 98
2) 고용허가제 노동자의 사업장변경 문제 ············································ 99
6. 이주노동자의 체류권과 가족을 동반할 권리 ······································ 108
1) 이주노동자의 체류권 ········································································ 108
2) 이주노동자의 가족을 동반할 권리 ················································· 113
7. 이주노동자의 주거권 ············································································· 122
1) 주거 환경(기숙사와 임금에서 숙식비 공제) ······························· 122
2) 숙소의 조건 및 상태 ········································································ 125
3) 상담사례 ···························································································· 128
8. 이주민의 소통권 ····················································································· 130
1) 소통권 현황 ······················································································· 130
2) 상담사례 ···························································································· 131
9. 이주노동자의 노조할 권리 ···································································· 133
1) 이주노동자 조직화 사례 ·································································· 133
2) 시사점 ································································································ 134
제4장 부산시 이주노동자 지원정책 정책제언 ····························· 137
1. 부산시 이주노동자 지원정책의 기본 방향 ·········································· 137
1) 부산시 이주민 정책 기본계획 필요성 ··········································· 137
2) 부산시 이주민 정책 기본 방향과 목표 설정 ································ 138
2. 이주노동자 인권보장을 위한 세부 정책과제 ······································ 145
1) 이주노동자 권리범주 ········································································ 145
2) 권리범주별 정책과제 ········································································ 146
제5장 요약 및 결론 ········································································· 152
참고문헌 ····························································································· 155
부록 ···································································································· 159
<표 Ⅰ-1> 2019 지방자치단체 외국인주민 현황 통계 자료 편집 ··············· 1
<표 Ⅱ-1> 전국 이주민 숫자와 비율 ······························································· 8
<표 Ⅱ-2> 전국 지자체별 이주민 숫자와 국내 체류 이주민 비율 ·············· 8
<표 Ⅱ-3> 부산지역 이주민 연도별 숫자와 전년 대비 증가율 ···················· 9
<표 Ⅱ-4> 부산지역 이주민 유형별·성별 현황 ··············································· 9
<표 Ⅱ-5> 부산지역 이주민 국적별 현황 ····················································· 10
<표 Ⅱ-6> 부산지역 이주민 체류자격별 현황 ·············································· 11
<표 Ⅱ-7> 부산지역 이주민 구군별·체류자격별 현황 ································· 12
<표 Ⅱ-8> 부산지역 이주민 연령별 현황 ····················································· 13
<표 Ⅱ-9> 부산지역 한국국적 미취득 이주민 체류자격별·체류기간별 현황
········································································································ 14
<표 Ⅱ-10> 부산지역 귀화자 한국국적 취득 후 경과기간 ························· 14
<표 Ⅱ-11> 이주의 원인 ·················································································· 15
<표 Ⅱ-12> 최신 국제이주 경향과 내용 ······················································· 16
<표 Ⅱ-13> 제2차 이주인권가이드라인 10대 가이드라인과 핵심추진과제19
<표 Ⅱ-14> 외국인근로자등 의료지원사업 지원 대상 ································ 33
<표 Ⅱ-16> 다문화이주민+센터 설치현황 ····················································· 36
<표 Ⅱ-17> 부산시 이주민 관련 민간단체 현황 ·········································· 37
<표 Ⅱ-18> 부산시 이주노동자 관련 조례 ················································· 38
<표 Ⅱ-19> 부산시 기초지자체 이주노동자 관련 조례 ······························· 39
<표 Ⅱ-20> 외국인근로자 등 소외계층 의료서비스 지원사업 지원 대상 42
<표 Ⅱ-21> 해운대구 이주민 관련 연도별 예산 규모 ································ 43
<표 Ⅱ-22> 강서구 이주민 관련 연도별 예산 규모 ···································· 44
<표 Ⅱ-23> 지자체별 이주민 관련 조례 ······················································· 45
<표 Ⅱ-24> 지자체별 조례에서 ‘외국인주민’ 정의 ······································ 47
<표 Ⅱ-25> 통합 운영 지자체 기본계획 수립주기 ······································ 52
<표 Ⅱ-26> 별도 운영 지자체 기본계획 수립주기 ······································ 52
<표 Ⅱ-27> 2019 외국인 정책 시행계획 주요 내용 ··································· 55
<표 Ⅱ-28> 지자체별 이주민 관련 행정체계 ················································ 56
<표 Ⅱ-29> 이주민 비율 및 외국인 정책 시행계획 과제 수 및 예산 ······ 58
<표 Ⅱ-30> 연도별 외국인 정책 시행 계획상 부산시 이주노동자 관련 예산
규모 ······························································································· 59
<표 Ⅱ-31> 부산광역시 외국인 정책 시행계획 과제 수 및 예산(2019) ·· 59
<표 Ⅱ-32> 통합 운영 지자체 외국인주민 및 다문화가족 지원협의회 구성
······································································································ 60
<표 Ⅱ-33> 별도 운영 지자체 외국인주민 및 다문화가족 지원협의회 구성
······································································································ 63
<표 Ⅱ-34> 부산시 기타 거버넌스 ································································· 70
<표 Ⅲ-1> 부산외국인근로자지원센터 체류자격별 상담 현황 ···················· 73
<표 Ⅲ-2> 부산외국인근로자지원센터 국적별 상담 현황 ··························· 73
<표 Ⅲ-3> 부산외국인근로자지원센터 유형별 상담 현황 ··························· 74
<표 Ⅲ-4> 부산외국인근로자지원센터 다문화가족 상담 연도별 현황 ···· 75
<표 Ⅲ-5> 부산외국인근로자지원센터 유형별 상담 현황 ··························· 76
<표 Ⅲ-6> 부산외국인근로자지원센터 교육·문화 상담 현황 ······················ 76
<표 Ⅲ-7> 부산외국인근로자지원센터 연도별 임금체불 상담 현황 ·········· 78
<표 Ⅲ-8> 부산외국인근로자지원센터와 타 이주민지원센터 비교
(2020.7.현재) ················································································· 83
<표 Ⅲ-9> 부산외국인근로자지원센터 연도별 의료 상담 현황 ·················· 87
<표 Ⅲ-10> 건강보험 의무가입 체류자격 ····················································· 88
<표 Ⅲ-11> 부산외국인근로자지원센터 연도별 산재 상담 현황 ·············· 94
<표 Ⅲ-12> 부산외국인근로자지원센터 연도별 사업장변경 상담 현황 ·· 101
<표 Ⅲ-13> 고용허가제 사업장변경 업무처리 흐름 ·································· 102
<표 Ⅲ-14> 캄보디아 노동자 ***P 씨가 고용센터로부터 받은 문자 내용
··································································································· 103
<표 Ⅲ-15> 부산외국인근로자지원센터 연도별 체류 상담 현황 ············· 108
<표 Ⅲ-16> 부산외국인근로자지원센터 연도별 가족 상담 상담 현황 ···· 114
<표 Ⅲ-17> 외국인근로자 숙식비 징수 지침상 상한액 기준 ··················· 123
<표 Ⅲ-18> 기숙사 유형 ··············································································· 124
<표 Ⅲ-19> 숙소비 지불 여부 ······································································ 125
<표 Ⅲ-20> 숙소비 자부담자의 숙소비 부담 액수 ···································· 125
<표 Ⅲ-21> 숙소 유형별 숙소의 상태 ························································· 127
<표 Ⅲ-22> 부산외국인근로자지원센터 상담 처리 방법-통역 제공 ······· 131
<표 Ⅳ-1> 부산외국인근로자지원센터와 부산 ·경남 지역 외국인노동자지원센
터 현황 비교(2020.7.현재) ······················································· 142
<표 Ⅳ-2> 부산시 이주민지원기관의 체계 ················································· 143
<표 Ⅳ-3> 이주노동자의 인권 4 범주 ························································· 146
<표 Ⅴ-1>이주노동자 인권보장을 위한 세부 정책과제 ··························· 153
<그림 Ⅱ-1> 부산지역 거주민 체류기간별 현황 ·········································· 13
<그림 Ⅱ-2> 부산지역 한국국적 취득 이주민 체류기간별 현황 ················ 14
<그림 Ⅲ-1> 부산외국인근로자지원센터 상담 현황 ····································· 72
<그림 Ⅲ-2> 부산외국인근로자지원센터 의료·산재 상담 현황 ·················· 74
<그림 Ⅲ-3> 부산외국인근로자지원센터 임금체불 연도별 상담 현황 ······ 78
<그림 Ⅲ-4> 이주민의 건강보험료 청구서 ···················································· 89
<그림 Ⅲ-5> 고용센터 홍보물 ···································································· 103
<그림 Ⅲ-6> 캄보디아 P 씨가 고용센터로부터 받은 문자 ······················· 104
<그림 Ⅲ-7> 숙소의 상태 ·············································································· 126