해외진출 한국기업의 인권침해에 대한 책임구성 고찰
A Consideration on Responsibility Composition for Human Rights Violation of Overseas Korean Firms
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
What the protection of human rights is being discussed in international dimension is the extremely modern phenomenon. The recognition as saying that human rights need to be today approached with universalism, not national and regional relativism is allowing human rights issue to be approached with universal interest and universal value in international society. In this background, today’s human rights violation issue by TNC(transnational corporation) is becoming new task of modern society. Even the human rights issue of overseas Korean firms is becoming recently controversy in this context. It is becoming an unavoidable problem any more from a problem of violating the local labor laws such as low wage,delayed payment of wage, and unfair dismissal, which are occurring in overseas Korean firms and in subcontractors and business partners of Korean corporation, to a problem of violating human rights such as forced labor,child labor, and employment discrimination. In this way, the human rights issue of overseas Korean firms needs to be made responsibility composition with the national responsibility for protecting human rights and with the corporate responsibility for violating human rights. A country needs to realize responsibility for human rights through offering preventive measure or relief means for human rights abuse. On the other hand, a corporation needs to realize responsibility for human rights through direct judicial regulation. Moreover, even the human rights violation by overseas firms as well as Korean firms will need to secure possibility as a subject of domestically judicial procedure. TNC and human rights issue will be the main issue in international society even in the future. In this aspect, a discussion about responsibility composition for human rights violation of overseas Korean firms will be said to be important in a sense of reinforcing policy for human rights of Korean corporations and of securing social normative power of human rights.
Abstract
What the protection of human rights is being discussed in international dimension is the extremely modern phenomenon. The recognition as saying that human rights need to be today approached with universalism, not national and regional relativism is allowing human rights issue to be approached with universal interest and universal value in international society. In this background, today’s human rights violation issue by TNC(transnational corporation) is becoming new task of modern society. Even the human rights issue of overseas Korean firms is becoming recently controversy in this context. It is becoming an unavoidable problem any more from a problem of violating the local labor laws such as low wage,delayed payment of wage, and unfair dismissal, which are occurring in overseas Korean firms and in subcontractors and business partners of Korean corporation, to a problem of violating human rights such as forced labor,child labor, and employment discrimination. In this way, the human rights issue of overseas Korean firms needs to be made responsibility composition with the national responsibility for protecting human rights and with the corporate responsibility for violating human rights. A country needs to realize responsibility for human rights through offering preventive measure or relief means for human rights abuse. On the other hand, a corporation needs to realize responsibility for human rights through direct judicial regulation. Moreover, even the human rights violation by overseas firms as well as Korean firms will need to secure possibility as a subject of domestically judicial procedure. TNC and human rights issue will be the main issue in international society even in the future. In this aspect, a discussion about responsibility composition for human rights violation of overseas Korean firms will be said to be important in a sense of reinforcing policy for human rights of Korean corporations and of securing social normative power of human rights.
참고문헌 (42)
- 강인수, "국제통상론" (2003), 박영사
- 김석현, "국제법상 국가책임" (2007), 삼영사
- 김민서, "다국적기업법론" (2008), 삼영사
- 데이비드 보겔, "기업은 왜 사회적 책임에 주목하는가" (2006), 거름
- 박선욱, "공생발전 실현을 위한 국제적 동향 분석" (2011), 한국법제연구원
- 이형준, "기업의 사회적책임이란 무엇인가" (2004), 한국경영자총협회 부설 노동경제연구원
- 정인섭, "신국제법강의" (2012), 박영사
- Clapham, Andrew, "Human Rights Obligations of Non-State Actors" (2006), Oxford University Press
- Damrosch, Lori F, "Smit, Hans, International Law: Cases and Materials" (2009), West Publishing Co
- Joseph, Sarah, "Research Handbook on International Human Rights Law" (2010), Edward Elgar Publishing Co
- Ruggie, John, "Presentation of Report to United Nations Human Rights Council" (2011), United Nations
- Shaw, Malcolm N, "International Law" (2008), Cambridge University Press
- 김기영, "국제통상질서상 다국적기업의 인권보장에 관한 소론", 법조, 54(10), pp.124~162 (2005), 법조협회
- 김병연, "법인격남용의 새로운 유형과 법인격부인이론의 적용 - 2005. 7. 7. 선고 서울중앙지법 2004가단273159 판결 및 2006. 3. 30. 선고 서울고등법원 2005나61821 판결과 관련하여 -", 상사판례연구, 21(1), pp.109~141 (2008), 한국상사판례학회
- 김분태, "다국적기업의 사회적 책임에 관한 연구 -다국적기업의 자율규제를 중심으로 -", 법학연구, 51(1), pp.649~690 (2010), 법학연구소
- 송기춘, "시민적⋅정치적 권리, In 인권법", pp.97~134 (2006), 인권법교재발간위원회
- 정경수, "다국적기업의 인권의무 확립을 위한 국제법적 모색: 국제인권법의 수평적 효과를 중심으로", 민주법학, 22, pp.7~242 (2002), 민주주의법학연구회
- 정경수, "인권경영이란 무엇인가?인권경영의 이해", 2010년 기업과인권포럼 보고서, pp.7~19 (2010), 국가인권위원회
- 황남석, "모자회사간 법인격부인의 요건", 저스티스, (100)통권 : 100, pp.272~296 (2007), 한국법학원
- 한상희, "경제적⋅사회적⋅문화적 권리, In 인권법", pp.135~160 (2006), 인권법교재발간위원회
- 홍성필, "다국적 기업의 인권책임- 의의와 집행을 중심으로 -", 인권과 정의, (384), pp.38~55 (2008), 대한변호사협회
- Bantekas, Ilias, "Corporate Social Responsibility in International Law", Boston University International Law Journal, 22, pp.309~347 (2004)
- Clapham, Andrew, "Categories of Corporate Complicity in Human Rights Abuses", Hastings International and Comparative Law Review, 24, pp.339~349 (2001)
- Deva, Surya, "Human Rights Violations by Multinational Corporations and International Law: Where From Here?", Connecticut Journal of International Law, 19, pp.1~57 (2003)
- Dhooge, Lucien J, "Lohengrin Revealed: The Implications of Sosa v. Alvarez-Machain for Human Rights Litigation Pursuant to the Alien Tort Claims Act", Loyola International and Comparative Law Review, 28, pp.393~495 (2006)
- Ratner, Steven R, "Corporations and Human Rights: A Theory of Legal Responsibility", Yale Law Journal, 111, pp.443~545 (2001)
- Salzman, James, "Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and Development", Michigan Journal of International Law, 21, pp.769~848 (2000)
- 기업과 인권 관련 법령⋅제도⋅정책⋅관행 개선에 관한 연구, "국가인권위원회", ~ (2012)
- 국제민주연대, "아시아지역 한국기업의 인권침해 사례 및 대응방안모색－해외한국기업 피해사례 증언", ~ (2011)
- 1991, "General Comment 3: The nature of States parties’ obligations (Art.2, par.1), In E", pp.United Nations, 23, annex III at 86
- ILO Publications, "Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy" (2006), International Labour Office
- OECD Publications, "Convention on Combating Bribery of Foreign Public Officials in International Business Transactions", Organization for Economic Cooperation and Development, ~ (2011)
- OECD Publications, "OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas-Second Edition", Organization for Economic Cooperation and Development, ~ (2013)
- OECD Publications, "OECD Guidelines for Multinational Enterprises 2011 Edition", Organization for Economic Cooperation and Development, ~ (2011)
- Question of The Violation of Human Rights and Fundamental: Situation of human rights in Myanmar, "UN Document", United Nations, ~, pp.E (1999), CN.4[DOI]
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, "UN Document", United Nations, ~, pp.A (1998), CONF.183[DOI]
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, 26th meeting of the Committee of the Whole, "UN Document", United Nations, ~, pp.A (1998), CONF.183[DOI]
- UN Publications, "Draft articles on Responsibility of States for internationally wrongful acts with commentaries", United Nations, ~ (2008)
- Guiding Principles on Business and Human Rights: Implementing the United Nations ,Protect, Respect and Remedy, "UN Publication", United Nations, ~, pp.Framework, A (2011), HRC[DOI]
- Protect, Respect and Remedy: A Framework for Business and Human Rights, "UN Publication", United Nations, ~, pp.A (2008), HRC[DOI]
- The United Nations Code of Conduct on Transnational Corporations, "UNCTC Publications", United Nations, ~, pp.E.86.II.A.15 ST (1986), CTC[DOI]
- UNODC Publications, "United Nations Convention Against Corruption" (2004), United Nations