• Journal of Arbitration Studies
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• v.19 no.2
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• pp.127-153
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• 2009

• Journal of Labour Economics
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• v.11
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• pp.171-182
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• 1988

• Journal of the Korean hospital association
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• v.18 no.4 s.163
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• pp.14-16
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• 1989

• Journal of the Korean hospital association
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• v.19 no.9 s.177
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• pp.52-61
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• 1990

• Journal of the Korean hospital association
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• v.19 no.10 s.178
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• pp.33-39
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• 1990

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.93-120
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• 2010

In 1978, Chinese reform and opening caused a big changes in Chinese labor relationship. Through reforming and opening, China gave up part of state ownership system and group ownership system, permitted private ownership system, and also opened the way for capitalists to ride again. Since China was established, the labor relationship ceased for 30 years has been appeared. However because the top priority aim of China's reform was economic growth, the protection of the rights and interests of labor was pushed back on the policy priority list. China takes foreign capitals based on cheap labor force quickly and China come up the worldwide plants. Since reformed, China keeps an economic growth rate of 9.7% annually for 30years. This economic growth is based on labor's sacrifice. However, Chinese fast economic growth causes side effects such as increasement of the gap between the wealthy and the poor, increasement of unbalanced development between regions, and the increasement of conflict between labor and management. Especially, according to changes in labors' level of consciousness, the labors recognized that their rights and interests are exploited by employers. Therefore, the labor dispute is continuously increasing. Chinese government changes their policy from the policy focusing on enterprise development to the policy protecting labor's rights and interests. In order to protect labor's rights and interests, China conducts labor contract law and labor dispute conciliation arbitration law in 2008. This kind of changes in Chinese labor environment affect a lot to Korean companies which already entered into China or are willing to enter. According to studying on present situation and resolution system in Chinese labor dispute, this paper suggests the proper countermeasure related to labor dispute of Korean companies which entered in China. First, the success rate of labor dispute conciliation by enterprise labor dispute conciliation committee is around 20% during recent several years and the success rate by year is in decline. Therefore, when labor dispute is occurred, our companies which entered into China better use other labor dispute methods such as negotiation and arbitration than conciliation in order to settle a conflict. Second, from the Korean enterprises entered in China point of view, there exists a problem not to sue except special cases which provided in the law even though they are dissatisfied with arbitrate judgment. Thus, when labor dispute occurred, Korean enterprises try to do best to settle the dispute through negotiation. However, in case of that the dispute cannot be settled by negotiation, they have to attend in the arbitration as if it is a last chance. Third, Korean enterprises keep in mind that dispute handling procedures between labor union and users or between labor group and users are different, and then deal with separately. Thus, dispute between labor and users have to follow arbitrate procedures as a necessary procedure, but in case of dispute related to group contract, namely dispute against labor union, labor dispute can be settled by arbitrate or suit, so after figuring out the situation exactly, it is necessary to select more advantageous way in order to settle the dispute. Moreover, in case of the dispute between labor union, they have to keep in mind that conciliation procedures cannot be used.

• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.43-69
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• 2008

The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

• Journal of Labour Economics
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• v.28 no.2
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• pp.29-54
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• 2005

This paper presents a simple two-sector general equilibrium model of noncomparative advantage trade between structurally identical advanced economies. Attention has focused on the effects of trade in information technology (IT) goods and services on the wage inequality in the digital economy. The model confirms and illustrates that wage inequality in the digital economy reflect trade in IT goods and services between advanced economies. In particular, this paper shows that even though the relative price of skilled labor-intensive technology good is declined with trade in IT goods and services, the wage of skilled labor increases. The reason is that as Jorgenson (2001) has empirically found, the price elasticity of demand for the technology goods is elastic.

• The Southeast Asian review
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• v.19 no.1
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• pp.67-111
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• 2009

지난여름 베트남 남부의 호치민시와 인근의 공장지대는 전례 없는 파업의 확산을 경험했다. 연구자가 만난 한국기업의 매니저들은 이를 "파업의 도미노 현상"으로 묘사했다. 호치민시 노동조합의 고위간부는 "도이머이(Doi Moi) 이후 노사관계에 가장 혼란스러운 변화가 일어나고 있다"라고 단언하기도 했다. 본 연구는 한국계 다국적 공장을 사례로 1) 최근 파업의 정치경제학적 배경은 무엇인지를 살펴본 다음, 2) 왜 어떤 공장은 최근의 파업의 소용돌이 속에서 상대적으로 안전했던 반면 다른 기업은 그렇지 못했는지, 3) 왜 어떤 공장은 파업의 과정에서 협상을 성공적으로 이끈 반면 다른 기업은 그렇지 못했는지, 4) 최근의 파업이 개별 다국적 공장의 체제에 어떤 사회적, 문화적, 정치적 영향을 미쳤는지 살펴보고자 하였다. 연구자는 연구목적을 위하여 호치민 인근과 동나이에 위치한 약 20여개의 공장을 방문하였으며 서로 다른 특징을 가지고 있는 3개의 섬유공장을 선별하여 현지연구를 실시하였다. 이 가운데 첫 번째 공장은 연구자가 90년대 말 현지연구를 실시하여 공장체제의 성격을 잘 알고 있는 다국적 공장이었다. 나머지 두 공장은 재정 상황과 정치과정의 특징이 첫 번째 공장과 대조될 뿐 아니라 서로 다른 공장이었다. 세 공장을 비교 연구함으로써 연구자는 다국적 공장의 재정적 혹은 경제적 상태가 노동쟁의의 성격을 만드는 주요한 조건이 되지만, 회사의 경제적 조건이 양호하고 경영진이 온정주의적 철학을 실천하고 있다고 해서 파업을 미연에 방지할 수 없다는 점을 보여주고자 하였다. 호치민 인근의 파업이 크게는 세계적인 경제위기, 작게는 회사의 재정상태에 영향을 받고 있지만 특정 공장에서 노동쟁의가 일어나는가의 여부는 이 공장의 정치과정과 레짐의 성격에 의해 좌우된다는 점을 밝히고자 했다. 특히 다국적 공장의 정치과정의 안정을 위해서는 '매개자' 역할을 하는 베트남 중간간부, 사무실 직원, 노조간부 등의 역할이 매우 중요하였다. 이들이 위계적으로 그리고 사회문화적으로 다른 외국인 경영진과 공장 노동자의 갈등을 어떻게 흡수하고 중재하는가에 따라 공장체제의 안정 여부가 달려 있었다. 이번 파업은 각각 다른 정치경제적 조건을 가진 여러 공장의 경영진과 노동자가 이러한 사실을 새삼 깨닫게 하는 계기로 작용했다.

• Management & Information Systems Review
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• v.30 no.4
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• pp.253-292
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• 2011

This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.