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Mapping out Key Legal Issues relating to Labour Provisions in Free Trade Agreements: A taxonomy of legal problems
Mapping out Key Legal Issues relating to Labour Provisions in Free Trade Agreements: A taxonomy of legal problems
  • Table of Contents

    Chapter 1 Introduction

    Chapter 2 Background of Labour Disputes: Political and Economic Context and Developments in Dispute Proceedings

    Chapter 3 Legal Issues Surrounding Obligations of the Labour Provisions

    Chapter 4 Controversial Issues Surrounding Legality of Trade Measures

    Chapter 5 Making Policy Responses 

  • SUMMARY

    Labour has long been considered a domestic issue in many parts of the world. While the International Labour Organization (ILO) has endeavoured to address the issue at an international level for over a hundred years, its arguably inadequate enforcement mechanisms appear to fail having successfully drawn sufficient attention and cooperation from its membership. However, at least since 2019 in the Republic of Korea (Korea), labour has suddenly been taken more seriously as an international issue and more precisely a trade-related international issue. The nation’s ratification of the fundamental ILO conventions often made news headlines on television and newspapers. This was largely attributable to the free trade agreement (FTA) that was signed between Korea and the European Union (EU). On 4 July 2019, the EU requested that a Panel of Experts be convened based on the FTA, and an online hearing was held on 8 and 9 October 2020. During the ongoing dispute, the Korean government submitted to the National Assembly bills to amend the Trade Union and Labour Relations Adjustment Act, the Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions, and the Act on the Establishment and Operation, etc. of Teachers’ Unions in June 2020; and bills for ratification for three ILO conventions (Nos 29, 87, and 98) in July of the same year. After that, the proposed amendment was slightly modified and passed the plenary session of the National Assembly on 9 December 2020. This move may also be understood as a diplomatic gesture to ease the tension and manage the risks in relation to the dispute with the EU. (For the full text of the English summary, please download the “Download 2 English_Abstract”.)

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1 Mapping out Key Legal Issues relating to Labour Provisions in Free Trade Agreements: A taxonomy of legal problems June Namgoong December 30, 2020 Mapping out Key Legal Issues relating to Labour Provisions in Free Trade Agreements: A taxonomy of legal problems
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