한미 FTA의 노동협정에 관한 노동법적 고찰

The Korea currently concluded an historical FTA (free trade agreement) with the U.S.(United States) on April 1, 2007. and a final Korea-U.S. FTA by New Trade Policy effect on June 30, 2007. The labor provisions contained in the proposed Korea-U.S. FTA text would likely have little impact on the Korea or U.S. labor markets or on Korea-U.S. trade. Because they do little to exchange existing labor regulations in the two contries and focus primarily on enforcement. And the Korea-U.S. FTA agreed on a protection and promotion of worker rights under the principal labor provisions of the agreement, both parties reaffirm their obligations as members of the ILO(International Labor Organization), shall adopt and maintain that their domestic laws provide for the labor standards consistant with ILO Declaration on Fundamental Prinsiples and Rights at Work and Its Follow-Up. The FTA makes clear that it is inappropriate to weaken or reduce domestic labor protections to encourage trade or investment between Korea-U.S.. The principal labor provisions of the FTA require the parties to effectively enforce their own existing labor laws and would enable parties to challenge the failure to enforce such laws under certain circumstances labor consultations or the dispute settlement procedures in chapter 22 of the FTA. The FTA also contains procedual guarantees and public awareness that ensure that have access to fair, equitable, and transparent proceedings for enforcement of labor right. Establishes a process for futher cooperation on labor matters, including possible joint cooperative activities to advance common objectives and work on labor law and practices in the context of the ILO Declaration on Fundamental Prinsiples and Rights at Work. This paper mainly focuses on the following issues and contexts such as ; Korea-U.S. FTA Labor Consultations(chapter 19 labor), (a) Statement of Shared Commitment, (b) Fundamental Labor Rights, (c) Application and Enforement of Labor Laws, (d) Procedural Guarantees and Public Awareness, (e) Institutional Arrangements, (f) Public Communications, (g) Labor Cooperation(Annex 19-a), (h) Labor Consultations, (i) Dispute Settlement Procedure, (j) Definitions of Labor Laws. And this paper achieves goal of a rational understanding on the labor chapter of Korea-U.S. FTA. And I would like to study on a different view in the labor provions between Korea-U.S.. Also, it is necessary to makeI the differrences clear in the labor chapter on public cpmmunications, labor affairs council, dispute settlement panel, labor legslative systems, etc. between Korea-U.S.