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

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 big이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2007학년도 학술연구비 의 지원을 받았음