• Title/Summary/Keyword: "Labor Standard Law"

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A Study on Human Resource Management Strategy of Foreign Shipping and Port Logistics Companies under the China's New Labor Contract Law - Focus on Contents and Countermeasures - (중국 신노동계약법 시행에 따른 외자 항만물류기업의 인적자원 관리전략에 관한 고찰: 주요 내용과 대응방안을 중심으로)

  • Han, Byoung-Sop;Kim, Byoung-Goo
    • Journal of Korea Port Economic Association
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    • v.24 no.2
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    • pp.43-69
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    • 2008
  • The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

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A Study to improve the safe-activities and the awareness of the Industrial Safety & Health law in small business worker.(Focused on the Gwangju industrial complex) (영세사업장 종사자의 산업안전보건법 의식제고 및 안전활동 향상을 위한 연구)

  • Lee, kyoung-Hun;Park, Hai-Chun;Sim, Min-Young;Cho, Sang-Hun
    • Proceedings of the Safety Management and Science Conference
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    • 2009.04a
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    • pp.79-91
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    • 2009
  • The government separated and established the industrial safety and health law from the Labor Standard law since 1981 to promote the labor's working environment and to improve the conditions of laborers. The government made a lot of effort to discharge the industrial safety and health law by continuous revision of the law thereafter. it is, however, difficult to establish clear-cut lines of authority and responsibility due to the fact that the substantial application of the industrial safety and health law is adapted by enterprise's autonomous management. There are frequent industrial disasters on the small and medium enterprises which have financial difficulty and it means this causes much more social cost. Finally, for the improvement of laborer's safety, health and working environment in the small and medium enterprises we need to raise the effectiveness of the industrial safety and health law through enhancing a government-office's administration and surveillance with the changing mind of a business proprietor. On this paper, we research on the actual condition of the administration, inspection and regulation of safety and health by means of the industrial safety and health law. Thereafter we analyze how much the Korea Occupational Safety & Health Agency and vicarious businesses of safety & health management help. we used the survey method to gather data from 380 laborers directly and analysed the data by SPSS v17.0.

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A Study of Institutional in Industrial Accident Compensation Insurance Application for Unpaid Family Worker (무급가족종사자의 산재보험 적용에 관한 제도연구)

  • Seo, Gyu-Seok;Kang, Kyung-Sik
    • Proceedings of the Safety Management and Science Conference
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    • 2009.11a
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    • pp.495-505
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    • 2009
  • Unpaid Family Worker is blind area of industry safety. Danger of industrial accident is some high but because was excepted in industrial accident compensation insurance application. In most case, because paltry Unpaid Family Worker is no opportunity to take safety education to prevent industrial accidents and there are few safety facility and safety equipment, etc., among business, it may be said that probability to suffer industrial accidents on a trifling mistake or carelessness is higher than general worker of business. Consider such difficult actuality of Unpaid Family Worker and our country must give these benefit of industrial accident compensation insurance application, as opened the door of insurance application in recognition of worker position by "Industrial accident compensation insurance Law" to middle·smaller enterprise's business proprietor or special form labor employees.

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Studies on the revision and enactment of the law of cook (조리사에 관한 법 개정 및 제정에 관한 연구)

  • Kim, Sook-Hee;Han, Kyung-Soo;Chae, Young-Churl
    • Culinary science and hospitality research
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    • v.7 no.1
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    • pp.57-90
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    • 2001
  • We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

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A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards (산업안전보건법의 한계와 민간기준의 활용에 관한 연구)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.2
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    • pp.103-112
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    • 2014
  • Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

A Study on The Acknowledgement of A Criterion and Subjective Symptom of Musculoskeletal Diseases by Dental Hygienists works (치과위생사 업무 중 근·골격계 질환의 자각 증상과 업무상 재해 인정기준에 관한 연구)

  • Lee, Sook-Jeong
    • Journal of Korean society of Dental Hygiene
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    • v.5 no.2
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    • pp.235-245
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    • 2005
  • The changes in korean economic environment, from quantitative to qualitative growth of economy, go with making desperate efforts, that is, companies have put through many technical improvements, quality control, improvement of service, and so forth. Enterprises cut the number of employees through labor-management adjustment, so that a shortage of labor caused. An increase in intension of labor brought about growing the proportion of occupational diseases which is musculoskeletal diseases. Because of a rapid change in society and a change in our circumstances, we have many difficulties in examine a business disease closely. In support corroboration of relevance on admission of business, a criterion for dudging afford a basis for a causal relationship of medical science, take the state of working conditions into consideration, and at the same time, give a adaptable decision based on the purpose and point of "The Labor Standard Law" as well as "The Law about Industrial Accident Compensation insurance". In conclusion, it is necessary for the dental hygienists 10 reduce the on-duty hours a day, to make good postures in working, and to remove the stressful conditions in order to reduce the incidence of the lumbago. Good working postures, appropriate rest time, and early detection, care and education of the lumbago could be recommended for the dental hygienists.

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Restricted Use of Contingent Workers and the Factors of Shift from Contingent to Standard Workers in Brazil (브라질 비정규노동의 제한적 활용과 정규직화 요인)

  • Jeong, Heung-Jun
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.213-260
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    • 2013
  • This study pays attention to the restricted use and the possibility of standard position of contingent workers in Brazil. The labor market of Brazil has been developed by formal and informal labor sector, and informal sector includes various precarious workers as well as contingent workers. According to Brazilian Statistics Department, not contingent workers but informal labor focused in this paper have been slowly decreased since year 2000. In this context, this study investigated on the reasons of decreasing contingent employment in Brazil. The results demonstrate that decreased informal employment and instead increased standard workers could not be interpreted by recent the Braizil's economic boom. Along with literature review, the author conducted the case study regarding employment of contingent workers at six large foreign companies in Sao Paulo. The results of this show that the use of contingent employment was prohibited in regular daily works by the labor law and thus firms employed contingent workers in only temporary positions. Further, firms often promise standard positions for contingent workers when temporary employment contract was terminated since there is little or no exist of the differences of wage between standard and contingent worker in terms of 'same work same wage' and 'minimum wage'. In here, labor unions play a key role in employment change from contingent position to standard job. Consequently, decreasing of contingent workers and stepping stone to regular jobs seems to be triggered by both legal regulation on contingent employment and strong unions. This institutional perspective may extend the theoretical view on the use of contingent workers, and the author discuss that Brazil's case could provide practical implications to Korean labor policy.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

A Preliminary Study on the Japanese Gender Policy Measures in the 1990s (1990년대 일본여성노동력에 대한 사회적 보호정책의 새로운 흐름)

  • 김미숙
    • Korea journal of population studies
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    • v.22 no.2
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    • pp.163-195
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    • 1999
  • 이 글은 '강력한 남성 부양자'국가로서 90년대 일본사회가 제시한 여성노동력에 대한 사회적 보호정책을 살펴보고 평가하는데 그 목적이 있다. 논의의 초점은 크게 3가지로 구분되는데 어머니로서는 보육정책을, 노동자로서는 노동정책을, 부인으로서는 사회보장 정책에 대한 논의가 그것이다. 보육정책의 경우 급격한 소자녀와 추세에 따라서 94년에 도입된 "엔젤 플랜"의 성격을 소개하였다. 노동정책은 99년 4월 실시된 개정 '노기법', 균등법', 휴업법' 내용을 다루었다. 정책내용에 담겨 있는 성이 여성의 규정방식을 평가하였다. 90년대 이후 지속되는 일본경제의 장기 불황 그리고 전세계적으로 도입되고 있는 신자유주의적 사조는, 90년대 이루어진 여성노동력에 대한 사회적 보호정책 개정의 효과를 반감시키는 요인으로 작용할 수 있다. 즉, 최근 개정된 일련의 여성노동력에 대한 사회적 보호정책의 기조는 '강력한 남성부양자' 국가인 일본사회의 남성 중심성을 수정 보완하기에는 역부족으로 보인다.

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A Criminal Liability of the Divisional Medical-institution (분업적 의료행위에 따른 형사책임관계)

  • Jeong, Oung-Seok
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.399-434
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    • 2014
  • A criminal liability of the divisional medical-institution is faced a new aspect in the connection with development of the medical techonology. Especially, a division of labor in the medical-institution in Korea will be greatly increased in the foreseeable future. A general hospital will be frequently confronted with sofisticated techniques such as MRI, CT-screen. Accordings to the nature of its functions, a general hospital may make accommodation or services or both available for patients who give undertakings (or for whom undertakings are given) to pay, in respect of the accommodation or services (or both) such charges as the government may determine. It shall be the duty of the government to develop, promote and regulate a criminal liability of the divisional medical-institution. Above all, the government shall have to determine the standard of a criminal liability of the medical-institution in the horizontal specialization and the vertical specialization. But, the court may give finally by directions the standard of the criminal liability of the divisional medical-institution.

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