Research Handbook on Labour, Business and Human Rights Law
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Research Handbook on Labour, Business and Human Rights Law

Edited by Janice R. Bellace and Beryl ter Haar

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
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Chapter 20: Decent work challenges for atypical workers in Korea

Christina Hiessl and Jaewook Nahm

Abstract

This chapter focuses on the role of ‘indirect employment’ in the Korean labour market and the country’s experience with addressing the problems caused by its use. The Korean example is taken as a basis for a discussion of the challenge that labour market dualization poses for the protection of fundamental rights at work. The chapter describes how contractual design prevents the access of the indirect workforce to fundamental rights guaranteed by the constitution and labour legislation, such as equality of treatment, protection of personal safety and collective representation. It explores the underlying causes of the current situation and its developments in Korea, illustrates the limits of legislative approaches in a complex socio-political environment, and discusses the difficulties associated with approaches that could bring about meaningful change.

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