<![CDATA[Korea Labor Institute - Labor Law & Regulations]]> <![CDATA[ (Working Paper 2017-11/Employment and Labor Policies in Transition: Labor) Reorganization of the Worker Representative System ]]> - Ki-Sun Kim (Research Fellow, KLI)]]> <![CDATA[ Legal Framework for Foreign Migration in Korea ]]> (Ki Sun Kim, Research Fellow, Korea Labor Institute)]]> <![CDATA[ One Year After the Fixed-term Employment Act : Impact and Policy Direction ]]> * Eun, Soo-mi, Research Fellow, Korea Labor Institute


Ⅰ. Raising the Issue

Around July 1, 2008, when the anti-discrimination corrective measures prescribed under the Act on Protection of Fixed-term and Part-time Employees became applicable to workplaces with 100 or more employees, the debate on the effectiveness of this fairly recent legislation kicked off in full force. The employers contend that the Act should be eased as it suppresses job creation and exacerbates the business environment. At the same time, the labor sector is calling for an overhaul on the grounds that the Act fails to protect non-standard workers and may even lead to massive layoffs. While both sides agree to revision, their intended directions are completely opposite from each other. By all means, it is tenuous to evaluate a legislation that has only been in existence for slightly over one year. But the analysis of the Supplementary Survey to the Economically Active Population Survey (Korea Labor Institute, 2008; Lee, Byung-hee & Jeong, Seong-mi, 2008) demonstrates the lack of statistical basis for the claim that the Act suppresses job creation. In all fairness, it should be stated that the Act did not generate massive layoffs or only negative consequences - it had both negative and positive effects. But given that there are visible conflicts involving non-standard workers, such as protracted disputes and unfair dismissals, it is highly necessary to assess the impact of the Fixed-term Employment Act and seek ways for further improvement. And with less than one year to go (July 1, 2009) until the corrective measures are applied to workplaces with less than 100 employees, who employ 86% of all non-standard workers, it should be noted that many of these workplaces would find it a challenge to shoulder the costs for such corrective actions or conversion to standard workers. Thus, it is important to seek appropriate support programs for them. This paper evaluates the impact of the Fixed-term Employment Act based on the following questions, and proposes a way forward in terms of policy response. First, is the Act merely a case of bad legislation, one that only reduces job creation? Second, is the Act a piece of bad legislation that exacerbates non-standard workers wage and working conditions and triggers massive layoffs? Third, why are there unending disputes involving non-standard workers? Fourth, what are the elements that give rise to negative views of the Act? Fifth, how can it be made better? ]]>
<![CDATA[ KOR-US FTA and the Labor Regulations of Kaesong Industrial Complex ]]>
* Moo-gi Moon (Professor, College of Law, Kyungpook National University, Korea Labor Institute)


Abstract

The Kaesong Industrial Complex was a major issue in the recent KOR-US FTA negotiations, and strong criticism has been raised on the lack of human rights protection for North Korean workers in the Kaesong Industrial Complex. In this context, the following measures should be implemented in order for the Kaesong Industrial Complex to be recognized as an Outward Processing Zone(OPZ) and for it to be operated in a vital manner. First, a transparent specialized employment agency should be established and operated as soon as possible. This agency could serve to heighten the sense of belonging to a South Korean organization on the part of North Korean workers, and also help private businesses to take the lead in personnel management issues. Second, a new ‘mechanism’ is needed to enhance labor productivity. This would be possible when North Korean workers actively volunteer to engage in a broader spectrum of management activities. Third, a system for direct wage payment must be put in place. If this does not happen in the very near future, North Korean authorities will continue to be suspected of intercepting the workers’ hard earned money. Fourth, efforts must be made to ensure that worker representatives operate in a democratic manner. The election process should be more autonomous and objective, so that worker representatives can take substantial actions to fully represent the North Korean workers and resolve labor disputes. Lastly, all such measures should be based on sincere consideration of the healthy lives of North Korean workers and the sound protection of labor-related human rights in areas such as industrial accidents, domiciles and issues on women, seniors and children. Keywords: KOR-US FTA, Kaesong Industrial Complex (KIC), Kaesong Industrial Complex Labor Regulations, human rights of workers ]]>
<![CDATA[ Social protection program and policy alternatives for non-standard workers in Korea ]]> <![CDATA[ OECD Recommendations on Labor Issues and Korean Compliance with Evaluations ]]> <![CDATA[ Protection of fundamental labor rights of civil servants ]]> <![CDATA[ Protection of fundamental labor rights and improvement in power balance between labor and management ]]>