Studying On Labor Clauses In US-korea FTA And Their Enlightenment

As the world’s second largest economy, US is active to link between trade and labor provisions and so far US has made a mature model of trade and provisions.South Korea that belong to the Asian countries has similar cultural background of China and the most important is <South Korea and The United State Free Trade Agreement> is the model when US signs free trade agreements with other Asian countries. Therefore, studying the provisions of the US South Korea Free Trade Agreement relating to the labor clauses can help our understanding of the specific requirements on labor protection in the "model" in order to be able to find the gap between the degree of labor protection in China and US.Through this way, we can prepare for the negation with US in the future.This article is divided into six parts:The first part referred to two cases of Nike and Foxconn worker jumped to the case, then it introduces the importance of the protection of labor rights and labor clause in the free trade agreement with South Korea studies based on the background of China’s FTA construction.The second part of this paper mainly analyzes the labor clause and the free trade agreement related background. This part from the WTO and free trade agreements in the analysis of why labor clause and the free trade agreement linked rather than into the WTO. At the same time for labor provisions into free trade agreement set generated in the process of supporting and opposing viewpoints.The third part, in this paper, analyzes the reasons of labor clauses successfully written in KUFTA, respectively from the United States(American domestic political needs, the requirements of domestic economy and foreign trade policy and diplomatic strategy, the protection of human rights and other reasons) and Korean perspective(South Korea in the development of the domestic economy, domestic legislation is not perfect, the domestic political backward and South Korea’s foreign trade policy) tocarry on the elaboration.The fourth part is mainly to analyze the content of KUFTA, included he basic labor rights, implementation mechanism, labor cooperation, negotiation mechanism.The fifth part, through the KUFTA’s labor clauses content analyses, conclude five measures to our country about labor clause’s negotiation, respectively China’s response to the labor provisions into the attitude of the free trade agreement, perfect the labor legislation in our country, China should take in bilateral free trade agreement and in the WTO practice put forward some of his own opinion.