• Korea Trade Review
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• v.41 no.3
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• pp.1-25
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• 2016

This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

• Asian Journal of Business Environment
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• v.9 no.3
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• pp.11-20
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• 2019

Purpose - The study aims to substantiate the approaches and principles of forming a model of social and labor relations adequate to the modern conditions of economic development. Research design, data, and methodology - The article deals with the issues of legal regulation of social and labor relations in the labor market of Kazakhstan; describes the current model of labor relations and its basic parameters; determines the external and internal factors; specifically, the influence of the new labor law on its further development in the direction of democratization and the establishment of social partnership as a regulatory institution in the labor relations field. Result - Result is the model of the system of social and labor relations proposed by the author, which allows us to cover the multifaceted nature of this phenomenon, to unite the influence of the external environment and the internal complex of their mutual relations and interdependencies. Conclusion - The creation of an effective model of social and labor relations should proceed from the multifaceted nature of their manifestation. This means that the theoretical and methodological basis for their formation should be a comprehensive approach to solving the problems of transformation and interaction of social and economic components.

• Journal of the Korea Safety Management & Science
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• v.11 no.2
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• pp.9-18
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• 2009

The safety & health can not be accomplished by only one side's effort of labor and management. To establish high level of occupational safety & health system, we have to recognize the extent of participance and need to study about how to keep the labor-management cooperation in good condition. The purpose of this paper is to make better suggestions such as how to improve the labor-management cooperation and how to establish the efficient occupational safety & health law through studying the labor-management cooperation system in the occupational safety & health.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.117-168
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• 2009

Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

• The Journal of Industrial Distribution & Business
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• v.11 no.9
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• pp.25-35
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• 2020

Purpose: The purpose of this study is to investigate how much continuous investment in human capital contributes to increasing labor productivity at not only individual companies but also at the national level, and causes fundamental as well as increases for labor-management conflicts. The current research aimed to empirically demonstrate the importance of human capital investment and furthermore, based on the effect of human resource investment on labor productivity, also re-examine the role of the Labor Commission as well. Research design, data, and methodology: This study was conducted by the Korea Information Service-Financial Accounting System (KIS-FAS) using representative panel data operated by countries to measure whether long-term investment in corporate human resources affects labor productivity. Results: Two distinctive summarized results of the analysis in the Korea Credit Ratings data showed that there was a high positive correlation between corporate human resource investment and economic performance for a ten-year period from 2009 to 2018. Conclusions: The present study concluded that the role of the labor committee should be effectively formed by the labor as a mediation agency and that the role of the mediation committee members should focus more on how to strengthen the human resources management of the union.

• Culinary science and hospitality research
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• v.7 no.1
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• pp.57-90
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• 2001

We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

• 중국학논총
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• no.72
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• pp.101-122
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• 2021

Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

• The Southeast Asian review
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• v.24 no.2
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• pp.81-126
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• 2014

Localization of overseas Korean companies has been regarded as one of vital tasks or strategies for decades. However, labor relations have not been the main object of Korean academic researchers. In this paper, I attempt to analyze strategies of localization in labor relations adopted by overseas Korean companies through a qualitative case study of PT. Miwon Indonesia, which has run business successfully for 40 years with recently achieved industrial peace. The company minimized Korean staffs and maximized Indonesian staffs. It pays more than minimum wage, and observes labor law when using outsourcing workers. The managers of the company recognize their labor union as management partner and support union activities through paying bonus for the union head and travel allowances for solidarity gatherings. There is no discrimination between plural unions. Furthermore, collective bargaining is led by indigenous managers according to the musyawarah, a local principle of bargaining. Therefore, PT. Miwon Indonesia could be regarded as a forerunner of localization in labor management among Korean companies in Indonesia. Miwon's case will serve a useful reference when discussing localization of labor management strategies.

• Asia-Pacific Journal of Business
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• v.14 no.1
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• pp.381-396
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• 2023

Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.470-477
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• 2022

Purpose: As the Act on Punishment of Serious Accidents came into effect in January 2022, it is becoming a big social issue in the labor and management circles. The purpose of this law is to analyze problems and suggest improvement plans so that the purpose of protecting lives and bodies by preventing major accidents can be met. Method: The main contents of the relevant law were identified, and the current application status of the currently enforced law and problems by law were analyzed. Result: Currently, more than 50 accidents have occurred and they have been classified as serious accidents, and no punishment has been imposed under the relevant laws. There are four major problems: 1) the issue of equity in the applied workplace, 2) the lack of clarity in some legal provisions, 3) the issue of entrusting the obligation to secure safety and health to private organizations, and 4) the issue of excessive punishment regulations. was analyzed as. Conclusion: As the law is in the early stages of enforcement, there are trials and errors, but revisions are necessary through the efforts of the labor and management circles to meet the establishment and purpose of the law.