China And South Korea The Labor Contract System, A Comparative Analysis

The significance of labor in human beings is very important. Labor is the most important means of production of society, is the basic means of sustenance of family, to an individual's self-realization of development and more tools, and is also e driving force behind the creation of culture and a social history of development.However, historically social status of labor representative had never been important. On the contrary, they were socially treated with contempt, couldn't help living like an animal under the harsh working environment. Slaves in the ancient primitive societies, the medieval serfs in a feudal society, industrial workers since the industrial revolution etc, they had to carry on the miserable life for the ruling class and the capitalist class with their benefits and wealth.Since the industrial revolution, the total wealth and production of the society increased significantly comparing with the past, not only living conditions of workers'still do not improve, but also the workers who were under the principle of private autonomy and freedom of contract were subordinated to the capitalist and ruling class as well as the moral and economic dependency, also the gap between the rich and the poor was getting bigger. It caused various kinds of social inequality and became the main causing to bring about the social riots and social chaos.Labor law is formed as a result of social reflection to relieve these social inequality and confusions, in the labor relations it ensures the substantial equality and human dignity, major protected area will be said the labor and welfare part which is ensuring the basic survi val, improvement of working hours and environment, ensuring employment opportunities, firing restrictions.However, labor law each country is different from the political system, economic structures, traditions and social environment, depending on how it is regulated. In Republic of Korea and China, the labor contract system of labor market is composed of other systems that also due to differenced in the economic environment in many ways.The basic law on labor relations in China acted of 1994 is called"Labor Law of the People's Republic of China". is the general law that applies to all businesses and workers in the labor relations in the Chinese border. It consists of 108 groups of systems, 13 chapters and is very similar to content and nature of Korea's"Labor Standards Act".Meanwhile,"Labor Contract Law of The People's Republic of China"was issued for complementing the existing labor law and meeting new working environment, it is more clearly ensured to the legal rights of worker, also can be responded the demand of new labor and employment such as group contracts and non-full-time hiring. Therefore, the enactment of"Labor Contract Law of the People's Republic of China"are governed with"Law of The People's Republic of China on Mediation and Arbitrations of Labor Disputes"and"Employment Promotion Law"as realizing the rule of law in labor relations and completing the basic framework for the construction of harmonious society.South Korea's Labor Contract Laws are included the general law as"Labor Standards Act"and the individual law such as"Dispatch Worker Protection Laws"and"Short-term Worker Protection Laws". Among them"Labor Standards Act"all includes the matters relating to the labor agreement on working conditions, in addition to general information such as wages, working hours and rest, women and children labor protection, occupational safety and health care, functional skills, compensation work rules, housing, labor director. In the body, the Labor Contract Law of the labor laws is the main study, but in order to facilitate comparative analysis of both country labor laws, this thesis, in six chapters, as follows:Chapter 1 is to include all the details about the regulations of"Labor Contract Law of the People's Republic of China"and"LABOR STANDARDS ACT of Korea". Chapter 2 describes"the Labor Contract Law of China", Chapter 3 considers"Labor Contract Law of Korea", Chapter 4 describes a comparative analysis of the similarities and differences between Korea and China's Labor Law. Chapter 5 illustrates the Labor Contract Law of the major industrialized countries before examining the recent trends in policy analysis work, Chapter 6 figures out the improvement direction of the labor law for coinciding the labor market and the labor symptoms, suggests the reasonable alternative policy.