從客工到移民之路──借鏡德國移民法之變遷過程，檢視我國移民（工）法制與政策

Policy on Accepting Migrant Workers as a Tool to Adjust and Control Immigration: From Guest Workers to Immigrants

人口變遷的擘劃乃行政任務，我國面對人口急速的老化與少子女化的雙重危機，是否可能透過移民（工）的調控來因應人口問題，已屬當前迫切課題之一。我國奉行近三十年的嚴格客工政策，也該到了重新檢討、嚴肅面對其存廢的時刻。有鑑於國內論著常舉德國法作為我國移民（工）政策之借鏡，卻仍錯誤認定德國移民法仍為客工政策所支配。因此，本文試圖著眼於德國從不名譽的客工之國，走向歐洲最大的移民移入國家的歷史，作為借鏡我國客工政策存廢之用；並比較德國二○○五年移民法制，觀察其間變遷之過程，進而提出以移工聘僱許可作為移工轉為移民之調控手段。

It’s one of the administration’s responsibilities to respond to demographic changes. As Taiwan is facing two serious problems—a rapidly aging population and a low childbirth rate—one of the pressing issues is whether the government may handle the demographic problems by adjusting and controlling the migrant workers. It’s time to face and review the issue of whether Taiwan should abolish the strict guest worker policy that has been implemented for almost thirty years. Many scholars referred to the German laws as the foundation of Taiwan’s immigration (migrant workers) policy. However, they mistakenly believe that German immigration law is still based on the guest worker policy. In light of the above, this article attempts to review the history of Germany regarding how it transfers from a dishonorable country of guest workers to the biggest country of immigration in Europe as a reference for considering the abolishment of our guest worker policy. The article also compares the German immigration policy before and after 2005 and proposes that the government should accept migrant workers as a means to adjust and control immigration.