한국의 기체결 FTA의 노동조항 및 한-EU FTA에 따른 노동분쟁의 국제법적 고찰

Among the 21 FTAs ​ that Korea has already concluded or signed/agreed, 10 FTAs ​ include labor standards related provisions regulating the FTA parties. Although these 10 FTAs ​ contain labor provisions of similar form and contents in general, there are specific differences in the scope and degree of binding obligations, dispute resolution procedures, efforts to ratify the core conventions of the ILO, and etc. Moreover, although there are differences in the details of each agreement, it seems that trade-related labor standards in Korea’s FTA were not established under a single legal policy, and that they were more strongly influenced by the counterparty of each agreement and the resulting negotiating process. The Report of the Panel of Experts established under Chapter 13 of the Korea-EU FTA (Trade and Sustainable Development), released in January 2021, concluded that the phrase in Article 13.4.3 ‘commit to respecting, promoting, and realising’ creates a legally binding obligation on the Parties to respect, promote and realise the principles of the fundamental rights including freedom of association, and that the last sentence of Article 13.4.3 imposes a legally binding obligation on the Parties to make ‘continued and sustained efforts towards ratification of the core ILO Conventions. In that the decision of the Panel may at least be considered in the interpretation of other FTAs ​ that follow the Korea-EU FTA model, the text of the labor provisions of Korea’s FTA should be reviewed in detail. It is necessary to identify cases in which the legally binding force of the treaty language is ambiguous and to prepare in advance for the possibility of future labor-related trade disputes. In addition, as norms for the protection of labor rights emerge as the main agenda of trade policy, there is a need to establish a consistent position of Korea with regard to trade-related labor standards.