ILO 기본협약의 의의와 비준 방향

Among the fundamental Conventions in the International Labour Organization(‘ILO’), Korea has not yet ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) in the field of the freedom of association. As the Korean Government appears to keep its promises for the ratification of these Conventions, the obstacles to the ratification needs to be identified in law as well as in practices in the light of international labour standards. For this purpose, firstly this article tries to focus on the implication of the ratification of fundamental Conventions to the Korean legislation and practices. After exploring the background of ‘core labour standards’ and the adoption of the ILO Declaration on Fundamental Principles and Rights at Work in 1998 which have played a significant role to clarify the international labour standards, this article identifies several legal and practical issues in Korean labour system presumably in conflict with the international labour standards. Lastly, it suggests several alternatives to resolves these conflicts and obstacles to the ratification of these fundamental conventions.