Earticle

Abstract

영어

In Europe, after the enacting of "Treaty Establishing the European Economic Community in Rome 1958" at the transnational level, there were the following treaties such as 'Single European Act' in the 80ties, 'Treaty on the European Union'(so-called Treaty of Maastricht) 1992, 'Treaty of Amsterdam' 1998 in the 90ties, 'Treaty of Nice' 2001 and 'Treaty of Lisbon' 2007. With the deepening of the economic cooperation, the new change and challenge in the labour and social law has been the important issue in the regional integration.
This paper is trying to study comparatively the 'new governance' of cooperation and regulation at the northeast asian region at one side, which the impulse of globalization is bringing out, and at the same time at the other side to analyze, what kind of problems this challenge is causing in the national labour and social law. In the * Associate Professor of Chonbuk National University Lawschool northeast asian region, there has been recently the discussion on the enacting of the 'labour contract law' in China, Japan and Korea as the common labour issue and interest, but separatively at the each national level. Additionally, the several discussions on the labour contract and the issues of labour and social law such as the employment-friendly amendment of the clause of dismissal, the flexibility of labour market for the promotion of foreign investment, the various trials for the free trade associations, the more free mobility of the commodity, capital, service and the labour forces(specially the professional persons) have been discussing.
These themes should be comparatively analyzed in consideration of the european experiences in the level of institution, law and the representative cases in which they have been continuously developed more than the half century. Above all, the build -up of the employment information system and the regional infrastructure of the employment services and the network of human resources and further the agenda-setting for the new issues such as 'gender' in the social security law and the related norm for the fair trade practice, and the minimal standard for the health and security at the workplace could be together discussed for the common regional development. The information and consultation for the workers through the 'worker's council' in the transnational corporations, in which the employees more than 150 at least at one country and altogether more than 1000 are working, could be seriously reviewed in the long time. This comparative study could serve to develop the advanced research for the asian laws and further to analyze the new form of governance for the transnational cooperation between the state, business and society, which it will be also good used for the practical policy as well as the discussion among the experts.

Contents

Ⅰ. 문제제기
 Ⅱ. 유럽통합의 배경과 전개
 Ⅲ. 유럽통합과정에서의 노동․사회법적 주요 쟁점
  1. 유럽사법재판소(ECJ: European Court of Justice)의 의의와 구성
  2. 유럽사법재판소의 판결절차
  3. 유럽사법재판소의 주요 원칙과 관련 판례의 의의
  4. 유럽사법재판소의 노동사회법관련 주요 판례의 의의
 Ⅳ. 동북아지역 경제협력의 심화와 노동․사회법적 쟁점
 Ⅴ. 근로계약법제 제정 논의와 동북아지역 주요 국가의 노동관계법 대응
 [참고문헌]
 [Abstract]

Authors

• 김영문 [ Kim Young-Mun | 전북대학교 법학전문대학원 부교수 ]
• 이호근 [ Lee Ho-Geun | 전북대학교 법학전문대학원 부교수 ]

Reference