On The Prevention And Solution Of Sino-Korean Labor Cooperation Dispute Under The Employment Permit System In Korea

China and South Korea are geographically and culturally close to each other.With the wave of economic globalization and the rapid development of the Korean economy,since the 90s of last century,a large number of Chinese labor force into the Korean labor market.The introduction of foreign labor force system in South Korea has gone through the transition from industry training system to employment permit system.In the employment permit system,the government is directly responsible for labor cooperation between China and South Korea from the operation to the afterwards management,laborers directly sign standard labor contract with the ROK employer,forming the relationship of employment contract,and institutions designated by two governments are to provide help and service for service personnel,do not sign any contract with the workers.Thus,the legal relationship of labor cooperation between China and Korea are getting clear and simple,the identity of the laborer is confirmed.Also,operated and managed by public institutions,the labor dispatch process is more fair and transparent and the rights and interests of workers have been further guaranteed.However,the employment permit system is not the perfect solution to the problem of foreign workers.Its own shortcomings and deficiencies,coupled with the external factors,led to the emergence of disputes in the process of labor cooperation between China and South Korea,including both labor disputes,around labor remuneration,safe production,rest and vacation,between labor and employer and contradictions and problems,due to a long waiting time,low dispatch rate and arbitrary charges in the dispatch process,between workers and public institutions.The reasons for the formation of the problem are diverse:The defects of the Korean employment permit system itself,employer's malicious infringement of labor rights,unsound laws and regulations,the irrationality of our government organization,the deviation of work concept and low efficiency,low quality of laborers,etc.In view of the problems in the labor service cooperation between China and South Korea under the employment permit system,the article made recommendations for prevention.First,reform management mechanism,improve the efficiency of sending and expand the scale of cooperation.Second,to refine the domestic system construction,strengthen bilateral communication;Third,to consolidate government services and protect the rights and interests of labor service personnel;Fourth,strengthen the training of workers before going abroad.In view of the labor dispute in the labor cooperation between China and South Korea under the employment permits system,on the basis of analyzing the dispute settlement method under the current Korean law,this paper analyzes and discusses the labor dispute settlement mechanism under the North American Free Trade Agreement(NAFTA).After that,it is concluded that the settlement of labor disputes under the employment permit system in China and Korea should be based on consultation and mediation since it has the advantage of low cost and high efficiency relative to arbitration and litigation.At the end of the article,suggestions were made on the handling of labor disputes under the employment system in China and South Korea.First of all,foreign labor service personnel should be through proper means to resolve disputes with employers and to avoid excessive behavior.Secondly,the government should speed up the improvement of the consultation mechanism,pay full attention to the dispute resolution of consultation and mediation.Finally,we should carefully choose the resolution of arbitration and litigation and strengthen the employer's burden of proof in the legal procedure of dispute settlement.The research of this topic let us realize that the exploration of the mode of labor cooperation between China and South Korea should not stop and China-Korea labor cooperation under the employment permit system is still facing challenges.How to better prevent and resolve disputes,so that Sino-ROK labor cooperation can be carried out more smoothly and step into the normalization,it is worth further research and thinking.This will has a positive significance for labor cooperation between China and South Korea and even labor cooperation between China and all other countries.