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학술논문노동법학2010.09 발행

한ㆍ중ㆍ일 FTA와 인력이동 ― Mode 4를 중심으로 ―

Movement of Natural Person in Korea․China․Japan FTA: Focused on Mode 4

최영렬(한국직업능력개발원)

35호, 339~370쪽

초록

Korea․China․Japan FTA is under negotiation process. This FTA is meaningful because tripartite FTA has a different framework from traditional bilateral or regional FTAs. The FTA is expected to handle issues on goods and services comprehensively. Presence of natural person (Mode 4), one of the service modes, is a sensitive area in the negotiation process of WTO Doha Development Agenda and FTA due to unbalanced estimated interest between developed and developing countries. Mode 4 handles short-term movement of natural person, not permanent immigration. Developed countries approach the Mode 4 very narrowly due to aging population and labor shortage in certain sectors. Meanwhile, developing countries actively argue for liberalization of Mode 4 to export labor force. In addition, movement of labor is interrelated with labor law because not only it covers issues such as adherence to international labor standards, law making, and its implementation, but it also concerns education and training for the foreign workers and mutual recognition agreement of qualification to facilitate labor force movement. From this perspective, this study focuses on Mode 4 which is one of main negotiation agenda under the Korea․China․Japan FTA negotiations. Part I introduces backgrounds of DDA and FTA and reviews major issues in Mode 4. Part II provides the progress of Korea․China․Japan FTA negotiation and reviews context of past FTA concluded by each nation. Part III compares each nation’s scope of Mode 4 and DDA schedules. Finally, part IV and V compare FTA and DDA schedules of these three countries, draw implications from the analysis, and suggest further directions to be considered.

Abstract

Korea․China․Japan FTA is under negotiation process. This FTA is meaningful because tripartite FTA has a different framework from traditional bilateral or regional FTAs. The FTA is expected to handle issues on goods and services comprehensively. Presence of natural person (Mode 4), one of the service modes, is a sensitive area in the negotiation process of WTO Doha Development Agenda and FTA due to unbalanced estimated interest between developed and developing countries. Mode 4 handles short-term movement of natural person, not permanent immigration. Developed countries approach the Mode 4 very narrowly due to aging population and labor shortage in certain sectors. Meanwhile, developing countries actively argue for liberalization of Mode 4 to export labor force. In addition, movement of labor is interrelated with labor law because not only it covers issues such as adherence to international labor standards, law making, and its implementation, but it also concerns education and training for the foreign workers and mutual recognition agreement of qualification to facilitate labor force movement. From this perspective, this study focuses on Mode 4 which is one of main negotiation agenda under the Korea․China․Japan FTA negotiations. Part I introduces backgrounds of DDA and FTA and reviews major issues in Mode 4. Part II provides the progress of Korea․China․Japan FTA negotiation and reviews context of past FTA concluded by each nation. Part III compares each nation’s scope of Mode 4 and DDA schedules. Finally, part IV and V compare FTA and DDA schedules of these three countries, draw implications from the analysis, and suggest further directions to be considered.

발행기관:
한국노동법학회
분류:
노동법

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