국제근로계약에 관한 국제사법적 고찰

In general, the labor contract means a contract executed for the purpose under which the labourers provide labor to the employer and the employer pays wages to them for it, and it refers to an individual labor contract not a labor contract for a group. But since the labourer, to whom the Labor Standards Act is applied, is employed for the employer or at the company, etc. after executing a contract from the status of the week, the intervention of government and legal protective action are necessary so that the provision of labor and the reward can be formed in the appropriate relation. Besides, with the expansion of global international exchange at the present day, issues on the international labor contract relations are increased remarkably, and the type of international labor contract occurred actually is shown in various ways also. Above all, to handle the rapidly increasing international labor contract cases more reasonably and efficiently, the theoretical establishment on them must have preference over others. However, there are many cases where settlement of them is difficult since legislation of each country to regulate these cases is very diversified. Therefore, to settle the international labor contract cases smoothly, first of all, the issue whether the court, to which a lawsuit on labor contract based on the private international law was raised, has the international jurisdiction should be settled. And as the next thing, the court whose international jurisdiction was recognized must determine the issue that which country's law is governing the applicable law to regulate international labor contract cases. Thus, in this article, to study international labor contracts in the viewpoint of private international law, the contents of our regulations on private international law and related precedents are examined first. That is, while the revised private international law recognizes to be in accordance with the principle of party autonomy regarding international labor contracts, it has a special rule on the determination of applicable law for international labor contracts by defining that the law of the place where labor was provided or the law of the location of business office should be applied as the objective applicable law of labor contract. In addition, concerning the international jurisdiction of international labor contracts, it defines a new special case clause to protect labourers by establishing it, and in principle, it allows an ex post facto agreement on the jurisdiction. And in this article, for the review on comparative laws, examples of legislation of other countries such as Germany, Switzerland, Poland, Austria, China and Japan, etc. regarding international labor contracts were examined, and the international conventions such as the Brussels Convention, BrusselsⅠRegulation, Rome Convention and RomeⅠRegulation, etc. are being addressed here. Along with it, we examine the regulations and precedents surrounding agreement issues on international jurisdiction concerning labor contracts, which is one of the particularly controversial issues in the international labor contract, and review the position of international conventions such as the Brussels Convention, BrusselsⅠRegulation and Hague Convention on Choice of Court Agreements, etc. Finally, we present contents of examples of the legislation, precedents, and of international conventions such as the Rome Convention and RomeⅠRegulation, etc. concerning the application issue of absolutely compulsory laws and regulations in the designation of the applicable law of labor contract. The purpose of this study was to review issues on international labor contracts in the viewpoint of private international law generally through this study, to address contents of the examples of legislation of each country and main international conventions on them from various angles, and examine issues in the international civil procedure codes and private international law such as the determination on international jurisdiction and applicable law, etc. from the viewpoint of comparative laws. However, to utilize it as the basic material actively in the international labor contracts to be occurred in complex forms actually, it is considered that the task to analyze more various examples of the legislation, precedents and international conventions, etc. deeply and arrange them manifestly has to be reserved.