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

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A Study on the Domestic and Foreign Laws connected with Landscape Plant and Planting (조경식물의 식재 관련 국내.외 법제도에 관한 연구)

  • 신익순;김영수
    • Journal of the Korean Institute of Landscape Architecture
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    • v.25 no.1
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    • pp.47-61
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    • 1997
  • This study was conducted to grasp the present condition of the name and the related text of the domestic laws (97 statutes, 1 examination, 1 guide, 3 ordinances, 1 leading case) in force which were connected with landscape plant and planting. Examining the general tree-planting system of America, the related foreign laws(1 constitution, 44 statutes, 31 ordinances, 6 leading cases) were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. To examine the points at issue of the related domestic laws and to study the related foreign laws, the remedies for the domestic laws being at issue were proposed. That is : A change of the landscape planting concept, the introduction of the landscape planting cost compared with the total construction cost, the unification of the landscape planting ordinances as the unit of city, the clarification of the completion period for the depect of the replaced trees. putting the conservation and production of the top soil under an obligation the adoption of a licence system for the tree planting within the river area, the introduction of the allotment system for landscape architectural expenses, the encouragement of making a hedge, the settlement for the problems of the trees loss compensation, the necessity for the quality test to the landscape planting works, the intensification of the punitive rules to the illegal felling and planting of the trees in the greenzone area, the application of the Labor Standard Act to the landscape planting laborers. The laws relating to landscape plant and planting are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the legislation of the singular law which is applied uniformly to the department of the tree-planting. Hereafter it should be required to analyze concretely in detail the each text of the related laws by means of the joint studies between the professional landscape architects and the lawyers.

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A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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Change of Skin Temperature of Workers Using Vibrating Tools in Anthracite Mines (진동공구 사용근로자의 피부온도 변화)

  • Roh, Jae-Hoon;Moon, Young-Hahn;Shin, Dong-Chun;Cha, Bong-uk;Cho, Soo-Nam
    • Journal of Preventive Medicine and Public Health
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    • v.21 no.2 s.24
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    • pp.357-364
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    • 1988
  • By implementing epoch-making policies for industrial promotion, the national economy has made a remarkable development. As a result of such economic growth, industrial accidents and occupational diseases have become a serious problem in Korean society. In the presidential order for the execution of the Korean Labor Standard Law, neuritis and other diseases stemming from health impairments due to vibrations in industrial processes are designated to be dealt with as vibration diseases. In the case of vibration disease, industrial accident compensation is not effectively paid. In order to investigate the vibration hazards of rock-drill operation, the authors studied the subjective symptoms and performed physical function tests on a total of 79 persons (vibration exposed group) who used rock-drills, and 39 persons (control group) who did not use rock-drills at anthracite mines. The results of the physical function test were as follosws : 1. The right hand was more affected by white finger than the left hand. 2. Independent variables such as duration of rock-drill operation, age, drinking and smoking were indentified as statistically significant factors for the occurrence of white finger. 3. In the pain sense threshold, the group with Raynaud's phenomenon showed a statistically higher level than that of the control group. 4. The skin temperature of the group with Raynaud's phenomenon was lower than that of the control group. The recovery time of skin temperature aftr cooling was delayed compared with the value of the control group.

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Asbestos Determination of Some Domestic Building-Materials Using X-ray diffraction (국내 건축자재에 함유된 석면의 함량에 대한 X-선회절분석 연구)

  • Hwang, Jin-Yeon;Lee, Hyo-Min;Oh, Ji-Ho;Park, Gi-Nam
    • Journal of the Mineralogical Society of Korea
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    • v.24 no.2
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    • pp.119-131
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    • 2011
  • The asbestos contents in some representative building materials were analyzed using JIS (Japanese Industrial Standard) X-ray diffraction (XRD) method. The changes in mineral composition during analysis process and problems in JIS method were also examined. XRD analysis of some representative domestic building materials used for roof, wall, ceiling, and floor indicates that slate have the highest asbestos content having 6.87~6.93% of chrysotile. Other building materials analyzed in this study also have 1.35~3.98% of chrysotile contents. The XRD analysis results of asbestos contents in some domestic building materials are presented in this study. This method is very effective for the asbestos content evaluation of building materials according to newly modified asbestos content regulation (Law of Industrial Safety and Health, 2007-26) that limits asbestos content less than 0.1% by Ministry of Employment and Labor. Small amount of tremolite as well as chrysotile were also observed in some samples. With consideration of crystal shape, contents and geological occurrence, it is considered that tremolite is an associated mineral of chrysotile and is not intentionally added. Complemental analyses with optical microscope and SEM/EDS are also necessary because XRD method cannot distinguish asbestiform from non-asbestiform. The XRD method applied in this study is very effective in the asbestos content analysis of building materials, specially building materials showing high asbestos concentration in residues due to the high loss rate with ashing and acid dissolution procedure.