국제근로계약에 관한 연구
A Study on the International Employment Contracts
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Korea has so far followed the generalized trend of globalization in the world economy, and its labor market has never yet been an exception. It is currently a common tendency from local companies going global and visa versa to now see the Korean employees working together with foreign staffs in foreign firms operating in Korea, as well as the foreign residing Korean employees working jointly with local workers in foreign operated Korean firms, and foreign workers employed to work with Korean local employees in Korean locally operated firms. In such employment relations, it is not a difficult matter to predict the legal issues arising from the application of different countries’ sometimes diverse employment laws to be disputed in the Korean court. The study objective of this research is to propose the integrated legal interpretation methods seeking a careful harmonization in approaching the legal issues, which to be arisen between the standpoints of labor law-side, which attempt to attaining ideology to protect the workers in the legal frame of positive law seeing them as socioeconomic weaker group, and International Court, which tries to fix its rule following certain binding points. Firstly various fundamental principles in American international employment contract law will be reviewed. The progressive meaning to put American law as the major subject for our comparative method is not only from its so far influences to Korean law, but also to capture the fact that the treaty of Rome has formed a basis of current American international employment contract law. The treaty sets a model to its nonmembers as well as member countries. As such, via reviewing the American case, this paper tries to analyze the common legal principles and issues governing each European country. Based on the identified legal principles from American law settings, this study will conduct to examine the specifics of its implementation morphologies in the area of international employment relation, from the relationship between its extent of governing employment contract law and the special connection with the practical labor law. Korean former theories and precedent trial cases on international employment contract law will be revised and analyzed with the critical comparative assessment on American and EU law, and finally followed by the summery proposals from its political implications.
Abstract
Korea has so far followed the generalized trend of globalization in the world economy, and its labor market has never yet been an exception. It is currently a common tendency from local companies going global and visa versa to now see the Korean employees working together with foreign staffs in foreign firms operating in Korea, as well as the foreign residing Korean employees working jointly with local workers in foreign operated Korean firms, and foreign workers employed to work with Korean local employees in Korean locally operated firms. In such employment relations, it is not a difficult matter to predict the legal issues arising from the application of different countries’ sometimes diverse employment laws to be disputed in the Korean court. The study objective of this research is to propose the integrated legal interpretation methods seeking a careful harmonization in approaching the legal issues, which to be arisen between the standpoints of labor law-side, which attempt to attaining ideology to protect the workers in the legal frame of positive law seeing them as socioeconomic weaker group, and International Court, which tries to fix its rule following certain binding points. Firstly various fundamental principles in American international employment contract law will be reviewed. The progressive meaning to put American law as the major subject for our comparative method is not only from its so far influences to Korean law, but also to capture the fact that the treaty of Rome has formed a basis of current American international employment contract law. The treaty sets a model to its nonmembers as well as member countries. As such, via reviewing the American case, this paper tries to analyze the common legal principles and issues governing each European country. Based on the identified legal principles from American law settings, this study will conduct to examine the specifics of its implementation morphologies in the area of international employment relation, from the relationship between its extent of governing employment contract law and the special connection with the practical labor law. Korean former theories and precedent trial cases on international employment contract law will be revised and analyzed with the critical comparative assessment on American and EU law, and finally followed by the summery proposals from its political implications.
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