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International Labor Standards and Industrial Relations in Korea
International Labor Standards and Industrial Relations in Korea
  • SUMMARY
    The main purpose of this study is to suggest recommendations
    for realizing a national agenda that is also demanded by the
    times, namely, “improving institutions in labor-management
    relations in order to fulfill international standards and realize
    labor-management self-government.” The scope of the study
    includes ILO recommendations regarding Korea’s labor laws
    from a legalistic and institutional perspective (basic labor rights
    for civil servants, multiple labor unions at the enterprise level,
    remuneration for full-time union members, scope of essential
    public services, union member status of dismissed or
    unemployed workers, third-party support, etc.). Also
    discussed are issues in dispute in the contexts of self-
    governance in labor-management relations and establishing
    rational labor-management relations (adjudication by the Labor
    Relations Commission, replacement during strikes, industry-
    wide collective bargaining by unions, single bargaining
    channel, and compulsory arbitration in essential public
    services, etc.)

    Chapter 1 provides an overview which describes the
    importance and key features of the ILO principle of the freedom
    of association, examines the ILO’s recommendations as
    applicable to current labor laws, and discusses the need to
    emend institutions governing labor-management relations in
    order to attain international standards and realize labor-
    management self-governance.

    Chapter 2, “Methods to improve causes of basic labor rights
    abuses or limitations that impede realization of labor-
    management self-governance,” examines issues in
    establishing equal status between labor and management as
    regards unionization, including the scope of labor union
    membership, the issue of organizational scope for
    associations and internal organization within unions, the issue
    of facilites for worker representatives, and the issue of union
    shops. The chapter also examines issues in establishing
    equal status between labor and management as regards
    collective bargaining and strikes, including a single channel
    for collective bargaining, the issue of negotiating in good faith
    and adjustment of industrial acts, third-party support
    notification, replacement for striking workers, and lock-out.

    Chapter 3, “Theoretical and institutional methods for regulation
    amidst diversifying labor union organizational forms,” examines
    court ruling precedents and doctrines regarding industry-wide
    unionization and the multiple union issue. The chapter
    proceeds to discuss problems arising out of the diversification
    of labor union organizational forms as regards collective
    bargaining (nature of bargaining principals, representatives for
    negotiations, and management representatives as counterparts
    in industry-wide negotiations) and unifying the channel for
    negotiations (disputed issues and possibility of utilizing a
    grace period).

    Chapter 4, “Methods to harmonize the goals of securing
    publicity in essential public services and guaranteeing the right
    to collective action,” first examines the status and evaluation
    by labor and management regarding the compulsory arbitration
    system, the state of debates over improving the system, and
    international standards and legal systems in other countries.
    The chapter then offers standards for referral for compulsory
    arbitration as a policy means for harmonizing the right to
    collective action and upholding the public interest.

    Chapter 5, “Social consensus based methods to uphold basic
    labor rights for civil servants,” first discusses evaluations of
    current laws governing labor issues for civil servants and
    examines international standards and systems in other
    countries. It then offers concrete proposals for the future
    direction of legislating basic labor rights for civil servants,
    covering issues such as the scope of basic labor rights,
    direction for the rights to association and collective action,
    method of legislation, appellation for the civil servants’ labor
    union, timing for recognition of the civil servants’ labor union,
    and the relationship between the civil servants’ labor union
    and the labor-management council.
Yong-Man Cho's other publications : 10
{Research Series} posts
No Title Author Date Attach
10 Improving the Working Hour Legislation Ki Sun Kim, Seong-Tae Kang, Yong-Man Cho, In-Sang Han, Young-Hoon Jeong, Ho-Chang Roh, Geun-Joo Kim December 30, 2015 Improving the Working Hour Legislation
9 Policy Proposals to Improve Labor Relations for Government Employees Cheol-soo Lee, Seong-tae Kang, Hong-young Kim, and Yong-man Cho December 12, 2008 Policy Proposals to Improve Labor Relations for Government Employees
8 A Study on European Industry-level Collective Bargaining & Collective Agreements Kiu-sik Bae, Seung-hyeob Lee, Yong-man Cho, Jong-beob Kim, Ju-hee Lee May 28, 2008 A Study on European Industry-level Collective Bargaining & Collective Agreements
7 An International Comparison of Equal Employment Laws Yong-Man Cho August 31, 2004 An International Comparison of Equal Employment Laws
6 Labor Market Policies in the Ageing Era II Jiyeun Chang, Jeong-Han Kim, Bog-Soon Kim, Daeil Kim, Dong-Gyun Shin, Joon-Mo Cho, Yong-Man Cho May 28, 2004 Labor Market Policies in the Ageing Era II
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