• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• 한국사회정책
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• v.24 no.2
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• pp.1-29
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• 2017

This study compares and analyzes precarious labor market in Korea and Japan in terms of gender and occupational class. Previous studies have analyzed precarious labor limited to the level of employment type such as non-standard workers. This study reconceptualizes precarious labor in terms of the combination of employment relations and income level. In addition. we analyzed whether there are differences in the characteristics of precarious labor between Korea and Japan. In order to analyze the labor market precariousness in Korea. we used data from the 17th Korea Labor Panel Survey (2014) and for Japan. we used the 9th (2012) data from the Keio Household Panel Survey. As a result. we could confirm the feminization of labor market precariousness and horizontal division by occupation in both Korea and Japan. Also. ordered logistic regression analysis showed that the more women. and those in their 60s or older. the less skilled service workers. or the manufacturing workers are likely to face labor market instability in both Korea and Japan. The results of this analysis reflect the fact that Korea and Japan have experienced similar changes in the labor market structure with institutionalized employment protection system based on male workers.

• Journal of the Korean Home Economics Association
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• v.11 no.1
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• pp.75-91
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• 1973

It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• International Journal of Human Ecology
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• v.3 no.1
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• pp.127-136
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• 2002

According to the Labor Standard Law in Japan which was enacted after World War II in 1947, all work hours for adult men, women, and youth were set at a maximum of eight hours per day and forty-eight hours per week. In other words, a six-day work week, with only one-day off, was set. Now we are in the full five-day and two-day off school system. The five-day school week influences on our home life. Students are highly enthused by the new system, in looking forward to their personal time they now have to play with friends, to relax, or just watch TV. To implement this new five-day school system positively and effectively, we should see the point at issue related to the two-day off system from a different angle, which suggests that we should see far ahead into the future.

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• Journal of the Korean Society of Safety
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• v.21 no.3 s.75
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• pp.67-72
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• 2006

This study is to investigate the related materials such as domestic law regulation, research paper, research report, and the other material, and to suggest suitable counter measures, to find out hazard degree for its works of workers and work place through direct survey, in order to determine risk score of each hazardous work which is designated by the Government, without consideration of labour's consciousness against risk level at a site. Therefore, a new questionnaire survey related to the decision of risk level are made and distributed to find out what risk level each worker recognizes. Also, the authors tried to approach reasonable conclusions after discussing reasonability of qualification standard and improving ideas of worker at hazardous work places with worker, faculty member, H&S manager, labour union. And the results show hazard degrees by each work kind of the above: 3.75 for working with machinery, 3.7 for steel structure, 3.5 for operation of tower crane, 3.51 for retaining wall, 3.85 for form work, 3.46 for scaffolding are obtained. This quantified risk can be applied to establishing a reasonable system to keep safe against hazardous works.

• Journal of the Korea Safety Management & Science
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• v.8 no.3
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• pp.27-36
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• 2006

The port, differently from general working place, is a closed area to execute security, customs, and quarantine procedures. The loading and unloading is being done differently by cargoes, ships, berths, and equipments. To load and unload a lot of equipments and different types of labor are required, in which work flow is very complicated. As above mentioned the port is very unique and deteriorated working place including danger. The purpose of this thesis is to propose ways to analyze and establish the preventive measure for cargo handling accidents in port. We have collected 923 accidents happened at Incheon Port during the period from 1994 to 2003. And to analyze and establish the preventive measure we have employed an advanced 6sigma DMAIC technology presently in spotlight as the best tool for management innovation. For the purpose of effective safety management of cargo handling in port, this thesis will help to revise and establish the law, system, standard, and standard working manual with respect to the port loading and unloading system. Now frequency of cargo handling accidents in port is highest for the second time among all industries, so we proposed the new safety management system to substitute port safety committee and to take full charge of safety in Ministry of Maritime Affairs and Fisheries.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.207-212
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• 2006

The noise levels on board ship recognized at Europe in the early 1970s and the noise regulations on board ship began to put in a statutory form. After that, in 1982 "International Code on Noise Levels on Board Ships" adopted by IMO and it became standard to the newly built ship and remain so to this day. Especially, the ship engine room, which have huge main engine and various kinds of subsidiary machines, is under an extremely loud condition and so the worker who works in it is easy to lose his hearing. Recently, each nation regulates the allowable noise exposure time by law to protect the industrial employee from the occupational hardness of hearing. In our country, the allowable noise exposure time is regulated by the labor standard law but the international provisions regulated by IMO have been applied in case of the ship engine room. In this paper, the cabin's noise levels of cargo-passenger ships plies south-west coast line were investigated.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.