• Korean Journal of Legislative Studies
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• v.24 no.3
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• pp.85-111
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• 2018

This study examines the puzzle of institutional change of irregular worker protection system in Korea through a theory of incremental institutional change. It is the case of "conversion" mode of institutional change that occurs when ambiguous rules permit reinterpretations of rules and regulations for converting functions of institutions into new ones without formal revision. Management sectors with enforcement power have circumvented main rules of high discretion since 2007. In institutional dimension, the extent of irregular workers and the provisions of limit on employment-period and prohibition-correction on discrimination lack sufficient details. In political context, veto possibilities have been downward. Irregular workers were hardly organized independently and two labor union federations mainly composed of regular workers were less receptive to them. Veto possibilities in legislation were also low: the Economic and Social Development Commission ended up in weak labor representation and labor parties in the National Assembly have undergone dissolution.

• Korean Journal of Social Welfare Studies
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• v.48 no.3
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• pp.117-143
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• 2017

This study empirically analyzed the factors that intensify the unequal distribution of relational goods through the decomposition of relational gaps and the actual condition of relational goods. The results of the analysis are as follows. First, the average time for forming a relationship with family members or others is 158 minutes in 24 hours a day. Second, tobit regression analysis showed that relational goods time increased as they were employed, more family members, and ownership of their home. On the other hand, relational goods decreased when they were female, double-working, aged, divorced, and increased working time. The increase in household income decreased family relational goods, but increased the time with others. Based on the results of this analysis, this study proposed reduction of working time as a way to increase the happiness by sharing the relationship with meaningful people.

• The Journal of the Korea Contents Association
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• v.15 no.6
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• pp.115-124
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• 2015

In recent days, the issues regarding the artists' status as labor and improvements of laboring circumstances, creating the well-fare system for artists are raised in our society. This paper searches for the process of various artists unions which are performing the important roles in the musical theatre industry in the U.S.A. The artists unions have developed the bargaining contracts and strengthened the protection of their original works. The discussions among many unions provide useful information to the independent artists when they make contracts in our Korean musical theatre market.

• JOURNAL OF ELECTRICAL WORLD
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• s.350
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• pp.94-97
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• 2006

인구11억명의 무한한 시장‘인도’. 특히 인도는 IT 분야에서 세계 최고의 강국으로 부상하고 있다. 거기에 인도는 10여년간 연평균 GDP 성장률 6%대의 고도성장을 이룩하는 등 중국에 이어 경제강국으로의 탈바꿈을 꿈꾸고 있다. 이처럼 매력적인 시장을 기업들은 놓칠리가 없다. 이미 세계 유수의 기업들은 꿈틀대는 인도 시장을 주목해 왔다. 인도에 법인을 설립, 현지의 값싼 노동력을 이용해 가격 경쟁력을 갖추고 시장을 공략하고 있는가하면, 인도시장에 맞는 저가상품을 적극개발, 공급함으로서 시장점유율을 높이고 있다. 국내기업의 경우 자동차와 가점제품의 경우 비교적 성공적으로 정착한 사례로 꼽히고 있다. 현대자동차, LG전자, 삼성전자 등은 인도 현지에서 호평을 받을 정도로 경쟁력을 확보한 상태다. 하지만 전력 시장에서만큼은 아직까지 뚜렷한 성과를 얻어내지 못하고 있다. 가장 큰 이유는 평균 30% 이상에 달하는 관세율을 극복하지 못하고 있기 때문이다. 그리고 인도 수출의 경우 말처럼 쉽지는 않은 상황이다. 인도의 경우 영국의지배를 받던 국가라 아직까지 ABB, 시멘스 등 유럽업계의 강세가 뚜렷해 타 지역국가 업체들의 인지도가 높지 않은 상황이다. 무엇보다“대금이 들어와야 거래가 성사됐다”라고 말을 할 정도로 대금인수에 어려움을 겪는 사례가 부지기수고, 계약 파기도허다해 계약에들인 노력만큼 성공률이 높지 않은 것도 국내 전력 관련업계의 진출 부진의 한이유다. 그렇다고 인도 시장을 그냥 놓치기에는 너무아깝다. 이에 국내업계의 경우 매력적인 시장을 놓치지 않으려 계속해서 인도 시장 진출추진하고 있다. 인도 전력시장 현황을 소개하고, 수출을 위한 국내 업계의 노력 및 수출시 유의해야 할 사항을 종 합적으로 정리해봤다.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Korean Journal of Labor Studies
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• v.23 no.2
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• pp.1-45
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• 2017

This study aims at explaining organizational mechanisms of inequality that has been rising rapidly alongside the proliferation of irregular employment in the post-crisis Korean labor market. It argues that inequality is not sufficiently explained by individual gap in human capital or widespread marketization as such. Social categories into which each individual worker falls seems more important as a source of labor market inequality. Employment types that are composed of regular and irregular employment do not simply indicate the different economic meanings of employment contracts but have rather been institutionalized as a social category of status in the context of inequality over the past two decades. They are also often matched with other social categories such as gender that have created and reproduced greater labor market inequality. We pay attention to the organizational practice of dominant incumbents who make claims for advantages of return based on their exclusive accessibility to limited organizational resources and explain how that particular practice plays a role to increase relational inequality between those insiders who achieve advantageous returns and outsiders mostly irregular workers who are excluded from those resources because of the social categories that they belong to. In this study, we identify seniority based pay as the key organizational practice that justifies categorical differences within the workplace and examine how that particular practice contributes to organizational level segmentation and income ineqaulity.

• Journal of the Economic Geographical Society of Korea
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• v.15 no.4
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• pp.752-765
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• 2012

We analyze the relation empirically between regional labor market characteristics and job matching efficiency with the adaption of stochastic frontier production function. Our empirical results suggest that, as both the ratio of 50 years-old-job seekers and the level of spatial density increase, job matching efficiencies also rise. In contrast, an increase in the ratio of firms which offer permanent contracts lowers job matching efficiencies. And the job matching efficiency is relatively higher in metropolitan areas. Finally, We find a negative relation between total industrial production and job matching efficiency, which implies that job seekers tend to accept uncongenial jobs in the recessions.

• Journal of Labour Economics
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• v.41 no.1
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• pp.39-81
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• 2018

This study focuses on whether non-standard workers are matched by voluntary contract with employers in the labor market and analyzes the factors of involuntary choice of non-standard employees that are diverse by firm size. For the analysis I consider non-standard employees as either voluntary or involuntary according to the push/pull theory based on labor mobility. The Economic Activity Census Added Survey data 2016 show that the proportion of involuntary non-standard employees is greater than voluntary ones as the firm size is smaller. As a result of the analysis, involuntary non-standard employees are not significantly discriminated from voluntary non-standard employees in large firms. However, in small and medium-sized firms and micro small-sized firms, workers are more likely to be involuntarily non-standard if they are older or less educated. In addition, they are more likely to be employed involuntarily in micro small-sized firms than in small and medium-sized firms. Therefore, we should take into account the mismatching problems of compensation, specialty, and career in order to establish policies on non-standard workers. In addition to the financial support for small and medium-sized and micro small-sized firms, it is necessary to provide workers with job information that matches their job skills and career experiences.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of the Economic Geographical Society of Korea
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• v.25 no.1
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• pp.109-130
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• 2022

The Vietnamese government has proposed contract farming through a new type of cooperative as an institutional innovation which aims to restructure the agricultural sector. However, policy changes often impact farmers, who bear the primary effects of the transition process. Understanding households' strategies for land use and livelihood is crucial for policymaking in the agricultural development field. This study was conducted in the rural Binh Dao commune in Central Vietnam. We analyzed household members' labor force changes and their livelihood behaviors after their participation in a contract farming scheme using qualitative analysis methods combined with geographic information system (GIS) support, based on secondary data and in-depth interviews of 190 farmers. Simultaneously, we created a digital map of the cooperative's production area to investigate changes in land use and production activities. The findings show that contract farming shaped the vertical coordination of the value chain from the farmers to the cooperative and agricultural product trading companies. Subsequently, it encouraged land use and labor efficiency due to mechanical support. In addition, it also increased productivity and protected farmers from market risks. However, despite its positive effects on agricultural productivity in this case, the contract farming scheme could not achieve the restructuring of the rural labor force toward non-agricultural sectors. Ironically, farmers in the Binh Dao commune tended to increase cultivable land during the agricultural restructuring program, rather than switching their labor forces to non-agricultural sectors. The lack of stable non-farming job opportunities in rural Vietnam results in challenges to the efficiency of agricultural restructuring programs. Consequently, farmers in the Binh Dao commune are still smallholder farmers, depending on the family labor force.