노동영역에서의 한미 FTA 쟁점과 과제
Main Legal Issues on Labor Clauses in FTA between the Republic of Korea and the U.S.

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서울대학교 법학연구소
법학, Vol.48 No.1, pp. 280-301
한미자유무역협정북미자유무역협정공중의견제출제도분쟁해결심판제도노동협정노동협의회FTANAALCLabor chapterpublic communicationsLabor affairs councildispute settlement panel
Labor related discussions in FTA (Free Trade Agreement) have common

features with so-called BR (Blue Round) in relation to the observance of the

international labor standards. However, big differences can be found between

FTA and BR. While FTA specifies obligations of the parties along with various

enforcement mechanisms to enhance the implementation of FTA, BR does not

clearly mention about those mechanisms. These prominent characteristics of FTA

requires delicate preparation and strategic approach of Korea negotiators in order

to prevent unexpected damage and disinterest from occurring in our domestic

economy or even in international trades after ratification of FTA.

The objective of this study is to come up with the rational solution to the

various issues arising from present negotiation on the labor chapter of FTA. The

negotiation between Korea and the U.S. is in progress but the specified contents

have not been revealed yet, thus I would like to examine the main position of

the U.S. and its strategy in NAFTA first, then will state some key issues

expected to rise in FTA between Korea and the U.S. along with my own

opinions and views about this related matters.

This study mainly focuses on the following issues such as; a) the scope of

the application (definition of the labor law), b) the statement of shared

commitment, c) public communications, d) status of the labor affairs council, e)

the function and composition of the dispute settlement body. Furthermore, this

paper emphasizes the importance of considering and understanding the big
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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