• SUVANNABHUMI
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• v.11 no.2
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• pp.159-186
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• 2019

Southeast Asia accounts for nearly a tenth of total worldwide cross-border movements of migrant workers. Cambodia, Indonesia, Laos, Myanmar, and Philippines make up the sending countries while Malaysia, Singapore, and Thailand are the major destinations. Migrant worker movements are predominantly in production process and low- to medium-skilled sectors. It is not unusual for irregular or undocumented movements to take place. In not a few instances, migrants work under harsh and exploitative conditions. In recent years, however, ASEAN has taken steps to manage labor migration at the regional level. The paper argues that ASEAN has not managed these cross-border labor flows as well as it should particularly in terms of protecting and promoting the human rights of migrants. It will be difficult to establish the genuine building blocks for a regional human rights mechanism unless there is a diffusion of alternative universal norms and standards to what ASEAN already embodies. As long as states resist any attempt to weaken or question or deligitimize their capacity to determine who gets to enter, stay, and leave their jurisdictions, it will be difficult to establish an effective migrant rights framework for the region.

• 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.

• Korean Journal of Social Welfare Studies
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• v.47 no.4
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• pp.281-307
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• 2016

This study is to analyze experiences and perceptions of care workers for enhanced user choice since the introduction of voucher in Korea. The analysis shows that as it has increased the influence of service users on care workers'employment, dismissal, labor intensity, and so on, more and more care workers appear to experience 'labor alienation'such as weakened position in the labor domain, the sense of loss and frustration in the meaning of work, and identity confusion as a care work. Because the labor alienation felt by them possibly has a negative impact on quality of social service, it suggests to address improving service users'rights as well as protecting human rights and rights to work of care workers to provide a high quality social service.

• Asia-Pacific Journal of Business
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• v.12 no.1
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.

• Korean Journal of Social Welfare
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• v.55
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• pp.5-25
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• 2003

This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

• 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.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.13 no.6
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• pp.17-32
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• 2003

The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.24 no.2
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• pp.78-82
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• 2013

Child labor is being recognized as the key issue of human rights, and the International Labor Organization and the Convention on the Rights of the Child emphasize that children are individuals with dignity and rights. Male and female child actors belong to a profession with wide public exposure and there is a potential danger of invading classes and roles not matching the developmental stage of the child. In this study, we would like to discuss international and domestic laws and future complementary measures surrounding legal and institutional issues that need to be considered for child actors. Although the basic rights for child workers are stated in the Constitution Article 32 Paragraph 5 and Labor Standards Act Articles 64 through 70, they are insufficient. Following the revised broadcasting deliberation regulations by the Korea Communication Commission and amendment of the Juvenile Protection Law, several changes are taking place in the working environment. In certain foreign places such as California, United States, the economic and educational rights of male and female child actors are being protected. Although legal and institutional frameworks for the male and female child actors are being reinforced, more consistent devices are needed. Consideration for working hours, regulations to keep up with learning while working, and preparation for physical and emotional influences are required to keep up with international changes.

• The Journal of the Convergence on Culture Technology
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• v.7 no.1
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• pp.264-271
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• 2021

In this paper, we intended to find the labor situations and labor rights consciousness of local juveniles and also to identify how they are treated and respond to those treatments they encounter. At the same time, another purpose of this research is to collect basic data to give the youth proper education about labor rights when they are faced with unfair labor practice. The research results are as follows: First, 262 students (50.5%) have work experience. Second, 133 students(24.9%) took the education about labor rights, which means relatively small number of students were educated about labor rights. Third, it is reported that 54.2% of those students considered 'payment' top priority, and 67.7% of them got the work through their parents, friends, and acquaintances, and 60.2% had their jobs at restaurants. Average working hours are 7 hours a day and 20 hours a week, which shows that they worked quite long hours. Fourth, 28.9% of respondents reported they wrote employment contracts, and 82.1% said their main purpose of work was 'to make money'. Fifth, 24.7% of the students reported the experience of unfair treatment while working, and the most common case was 'jobs other than expected work'(17.9%). When they were asked how they coped with the unfair treatments, the largest percentage(30.3%) of them answered they 'quit the job'. Last, when the respondants were asked to list improvements for juvenile part-time jobs, the answers were minimum wage and payment with weekly vacation allowance(25.1%), enhancing social awareness(14.3%), increasing good job opportunity(12.8%), and etc.. This demonstrates that social awareness of juvenile labor jobs is to improve urgently in local community.