• 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 Arbitration Studies
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• v.16 no.1
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• pp.153-185
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• 2006

This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.17 no.30
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• pp.89-99
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• 1994

The labor-management relationship in the manufacturing industry of Korea is placed in a new situation that the political state and economic circumstances are fundamentally changed So a new policy about the labor-management relationship is needed This paper intends to find out a new policy about that based on examining the chief cause of the labor dispute in the pusan area.

• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.386-396
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• 2010

The purpose of this study is to examine the non-regular labor dispute from beginning to the ends, thus, give guidance for future similar labor disputes. As a result of this study, firstly, subcontract company union negotiated with their companies, but after their companies was shut up, the union demanded negotiation with Hynix Co.(Hynix Co. contracted with union member's companies about cleaning job etc for every year). However, Hynix rejected the union's demand, because Hynix Co. do not have the legal obligation to negotiate with subcontract company union. Secondly, union members was to in unemployment and for the employment & negotiation with Hynix Co. they did illegal actions against Hynix Co. Thirdly, there was tried many efforts by NGO & government authorities etc to settle the disputes, and mediated, arbitrated by private expert(Certified Public Labor Attorney) Finally, both parties(that is Hynix Co. and subcontract company union) negotiated each other and settled the dispute without employment.

• Korean Journal of Labor Studies
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• v.23 no.2
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• pp.231-276
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• 2017

Chinese society faces increasing outbreaks of labor disputes, may of which are usually characterized as 'the highest level since the establishment of PRC'. Guangdong Province is the hottest place for increasing labor disputes as well as for flexible responses by the local government and labor agencies. Interest-pursuit bargaining model becomes one of the outstanding characteristics for recent labor disputes in Guangdong Province. Chinese central government promulgated well-managed policy package for labor dispute settlement in 2015. Guangdong Province government went one step further by introducing to institutionalize labor dispute settlement. To channel labor dispute conflicts into manageable direction, reliability and capacity of bottom level trade unions become much more essential for the authorities than before. Guangdong Confederation of Trade Unions leads some important experiments of trade union reforms. Employment of 'social cadres' of trade unions by local trade union organizations is the most outstanding experiment to satisfy increasing needs from bottom level ordinary workers who don't have efficient union organizations. It needs to be seen whether changing labor policies go beyond the limits of 'security priority principle'.

• 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.

• Journal of Labour Economics
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• v.27 no.3
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• pp.53-73
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• 2004

Korea has been suffering from increases in various disputes as well as militant behavior of resolving them. Industrial relations has become a typical case. However, research on the occurrence and resolution of a dispute has been rare. Especially, it has been difficult to find a study on barriers to dispute resolution. This paper investigates psychological barriers, information barriers and institutional barriers to reduce the efficiency of negotiation. It applies them to the typical cases of labor disputes and proposes implications to improve the way to resolve labor disputes.

• 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.27 no.1
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• pp.27-53
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• 2004

This paper analyzes the two cases of labor disputes (Hyundai Motor in 1998 and Power Generation Companies in 2002) in the period of restructuring, by applying the behavioral theory of labor negotiations as a comparative framework. The paper compares th backgrounds of the labor disputes, core issues, bargaining processes, and evolutionary patterns and consequences of the labor disputes at the two cases. The common features, found in the two dispute cases, are strong mistrust and exclusive bargaining attitude between labor unions and management, little feasibility of contract zone in bargaining proposals by the two parties, heteronomous dispute resolution by the intervention of the government, and the lack of learning effect gained from the experience of labor disputes. This comparative case study identifies that the confrontational labor-management relations at the firm level is re-produced by a regressive process of the following circulation: labor-management distrust $\rightarrow$ interest conflict in bargaining demand $\rightarrow$ exclusive bargaining attitude $\rightarrow$ the experience of antagonistic dispute $\rightarrow$ deepened distrust. In conclusion, four parties-labor unions, management, the government, and public press - are required to make much effort to replace the vicious circle of labor-management confrontation by a virtueous cycle of labor-management cooperation.

• Journal of Distribution Research
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• v.1 no.2
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• pp.53-84
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• 1996

This paper is to develop a conceptual framework regarding the choice among dispute-resolution mechanisms in channels of distribution. These mechanisms are characterized by the division of labor in resolving disputes. The choice of the mechanism depends on dispute environments. These environments concern culture and stratification. Six propositions are addressed with respect to how the environments affect the choice of the mechanism.