• Journal of Arbitration Studies
• /
• v.20 no.3
• /
• pp.93-120
• /
• 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
• /
• v.19 no.2
• /
• pp.127-153
• /
• 2009

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

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.2
• /
• pp.285-294
• /
• 2023

The trade dispute between China and the U.S. began before Corona and is easing at this time by bringing new changes to the pendemic, and the development of the Chinese manufacturing industry has increased interdependence between the U.S. and China. However, the overall global trade should be less than before pendemic, and Korea's response strategy should be made serious at this time.However, new changes are taking place again these days. With the recent outbreak of COVID-19 in Shanghai, China, new changes are expected to occur in China's industrial chain. As the Chinese government strictly creates quarantine figures for COVID-19, many factories and companies among industries are forced to close for a while. As economic globalization and division of labor continue to deepen, multinationals choose suppliers and industrial chains within the world to form a global supply chain structure to pursue cost minimization and profit maximization. China is an indispensable part. Whether it is China, the U.S. or Korea, it can be a risk and an opportunity now.

• 중국학논총
• /
• no.72
• /
• pp.101-122
• /
• 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.

• Journal of Arbitration Studies
• /
• v.26 no.4
• /
• pp.83-109
• /
• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Journal of the Economic Geographical Society of Korea
• /
• v.17 no.4
• /
• pp.832-847
• /
• 2014

The main aim of this paper is to contribute to building some strategic foundations for future Korean foreign investors in Cambodia by investigating trends and institutional changes in inward foreign direct investment and working conditions in Cambodia. Rapid increase in labor costs, and investment incentives centering on high-tech industries in China and Vietnam has led to the relocation of labor-intensive industries into low wage countries since the early 2000. As a result, Cambodia has emerged as a new alternative investment region in which enable to off-set existing locational and institutional advantages, so that it has implicated in changes in Asian economic geographies. In addition, the Cambodian government has operated two labor relations projects - Better Factory Cambodia and Labor Dispute Resolution Project - with ILO to improve the working conditions of foreign investment firms. These projects could provide an insight into constructing strategies for foreign investment, and also imply institutional embeddedness in Cambodia.

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

• Korea Trade Review
• /
• v.46 no.2
• /
• pp.141-160
• /
• 2021

The scale of global FDI has been decreasing since 2016 due to the ongoing US-China trade dispute, the strengthening of FDI inflow screening regulations with concern over strategic technology leaks, and the spread of reshoring trends due to the reinforcement of national preferences. Eventually, the competition to attract FDI between countries is expected to become more intense. Therefore, in order to attract high-quality FDI for Korea that will contribute to the development of the national economy, it is pressing to evaluate and improve the domestic FDI attraction environment. This study aims to analyze which areas of Korea's economic and non-economic environments need improvement for gaining advantage amid the fierce competition to attract FDI between countries, by the relative comparison between Korea and the U.S., and based on the ranking indicated in key FDI attractiveness indices. As a result, improvement is needed in the following areas. First, according to IMD's "World Competitiveness Ranking 2020," Korea was inferior to the US in terms of business efficiency, productivity, finance and business legislation in terms of government efficiency. Second, according to INSEAD's "Global Talent Competitiveness Index 2020," Korea was inferior to the US in terms of internal openness, external openness, employability, lifelong learning, access to growth opportunity, and business and labor landscapes. Third, according to WEF's "Global Competitiveness Index 2019", Korea was inferior to the US in terms of product market, labor market, business dynamism and workforce skills.

• Journal of Arbitration Studies
• /
• v.24 no.1
• /
• pp.85-109
• /
• 2014

Mediation and Arbitration are two distinct ADR processes. Their dissimilarity lies in the principle that in mediation the parties themselves decide what the resolution to the problem is, whereas in arbitration the arbitrator makes that determination. Med-Arb, hybrid of the two methods, is a fairly new ADR process dating back to the 1970s. Med-Arb capitalizes on the advantages of both mediation and arbitration, while eliminating many of their disadvantages. Mediation has the advantage of allowing for resolutions rather than decisions. Arbitration has the advantage of guaranteeing that the matter will be resolved when the procedure is over. In Med-Arb, the participants agree to be parties to mediation, and if the mediation comes to an impasse, a final settlement will be reached through arbitration. This study first explicates the origin and the development of Med-Arb in the United States. This study shows that the emergence of Med-Arb is benefited from the fact that arbitration has lost its own advantages ie, speed, cost-saving, and maintenance of an ongoing relationship between the disputants. Second, this study analyzes four cases in which Med-Arb is applied to various kinds of disputes as a tool of dispute resolution: labor disputes, entertainment disputes, will disputes, and international commercial disputes, consecutively. All those case studies show the generality of Med-Arb as a dispute resolution channel. Third, this study compares the advantages and disadvantages of Med-Arb. Finally, this study discusses the implications of Med-Arb. In particular it provides the universality of this hybrid form of dispute resolution in the East and West. For example, we show that China has its own distinctive Med-Arb system, where it has developed from ancient Confucian philosophy. Japan also emphasizes the role of an arbitrator who settles the disputes in the course of arbitration. The domestic arbitration rules of the Korean Commercial Arbitration Board (KCAB) have a similar process in that arbitration contains an element of conciliation. With regard to the universal characteristics of Med-Arb, it is necessary to analyze the pros and cons of Med-Arb at a deeper level in the future. One caveat is that it is necessary to handle the issues of the neutrality of the mediator-arbitrator.