laws including the ‘Farmland Act,’ citing the fact that the sudden change in guidelines is
adding to confusion, uniform regulation can have adverse effects on both farms and foreign
workers where rural labor shortages are serious due to aging and population decline, and the
related legal and institutional conditions are obstacles to accepting the new policy, etc.
On the other hand, the policy announced by the government is seen as insufficient because
it only bans temporary buildings within vinyl houses, but does not ban temporary buildings
as accommodations themselves, did not repeal the accommodation expenses collection
guidelines, and the actual guarantee for the migrant workers to change workplaces freely is
insufficient.
Meanwhile, the National Assembly Research Service recommended conditionally
recognizing temporary building with necessary facilities, expanding public support to
turning idle spaces into accommodations in the region, and reviewing accommodations for
employees in agricultural promotion zones because, although the minimum residential
condition is a universal value and migrant workers are no exception, the maintenance of the
rural economy and agricultural production base is an essential element for national
existence.
C) The State's Role in Improving the Poor Living Conditions of Migrant Agricultural
Workers
The Constitutional Court, regarding the right to work guaranteed by Article 32 of the
Constitution, held that not only the 'right to a place to work' but also the 'right to a working
environment' should be guaranteed, and that the 'right to a working environment' is a right to
protect against violation of human dignity, which is also recognized for foreigners, as well.
Moreover, this includes the right to demand a healthy working environment, fair
remuneration for work, and guarantees of reasonable working conditions.246)
Article 11 of the UN Covenant on Economic, Social and Cultural Rights stipulates that
everyone has a right to an adequate standard of living for himself and his family, including
adequate housing, and to the continual improvement of living conditions. According to
246) See Constitutional Court Decision 2004HunMa670 on Aug. 30, 2007.
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