• Title/Summary/Keyword: 부당해고

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Law and Economics in Labor Contracting (노동계약에 관한 법경제학적 분석:한국의 해고판례를 중심으로)

  • Kim, Iljoong;Cho, Joonmo
    • 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.

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The Efficiency of the Korean System of Lobor Adjudication (노동심판제도의 효율성 평가)

  • Kim, Tai-Gi
    • Journal of Labour Economics
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    • v.28 no.1
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    • pp.83-104
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    • 2005
  • The Korean system of labor adjudication on the cases of unfair dismissal and unfair labor practices has been criticized by labor and management in spite of the strong point that the Labor Relations Commission processes the cases quickly. This paper empirically investigates the effectiveness of labor adjudication dealt by the Labor Relations Commission with economic approach. It shows that the grievences of labor and management on the existing labor adjudication system have come from the inadequate processes of labor adjudication rather than the favorable or unfavorable ruling. It also shows that a major deterrent to make an effective labor adjudication system has been not the problems of the selfish attitude and expectation of labor and management but the improper attitude and quality of the member and staff of the Labor Relations Commission.

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A Crisis in Public Broadcasting of South Korea A Perspective from the Case of the So-called "Paik Jong-moon's Taped Conversation" at MBC with a Focus on the Press Control by Political Power (MBC '백종문 녹취록' 사건으로 본 공영방송의 위기 정치권력의 언론 통제 기제를 중심으로)

  • Kim, Sang Gyoon
    • Korean journal of communication and information
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    • v.81
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    • pp.189-224
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    • 2017
  • The case of 'Paik Jong-moon's Taped Conversation,' has presented "an important and serious challenge to the freedom of the press and democracy" in South Korea. Nevertheless, this case has not been reported by the mainstream news media. It has also been forgotten without a proper fact-finding or investigation by regulatory agencies, like The Foundation for Broadcast Culture, The Korea Communications Commission, or The National Assembly. This study aims to examine why the above has happened through in-depth interviews of reporters and TV producers, senior journalists, former and incumbent commissioners of the broadcasting regulatory agencies, and experts of the industry, as well as literature research. Here, I present three answers. First, I found two reasons the mainstream press has ignored this incident. 1) It serves for political interests instead of reporting truth. 2) Public broadcasters' watchdog role has been neutralized. Second, regulatory agencies like The Foundation for Broadcast Culture, The Korea Communications Commission and The National Assembly are ruled by political tribalism. The ruling party's members of the National Assembly and these agencies were reluctant to investigate allegations surrounding Paik Jong-moon, such as illegal dismissals, illegal intervention in programming or production, illegal recruitment and illegal business deals. That's because they considered CEO Paik an ally. Using their majority power, they have rejected the request from opposition-affiliated commissioners or from opposition lawmakers to investigate the allegations. Third, there were no alternative forces within the public broadcasters to unveil the truth. In conclusion, the legal and institutional shake-up of corporate governance is urgently needed for public broadcasters and broadcasting regulatory agencies.

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Contents Analysis on the Media about the Working Conditions of Nurses

  • Chin, Young-Ran;Kwon, Mi-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.2
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    • pp.109-117
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    • 2021
  • This study was attempted to identify the working environment of nurses by identifying the key keywords associated with the unfair working conditions of Korean nurses reported in various media outlets in the media. "Nurse NOT (nurse) or nurse" was searched on BIG KINDS, selected articles related to the unfair treatment of nurses, extracted the final 309 cases, and classified into six categories of hospital-level, regional, keyword, and integrated keywords in the article using Excel2007. Of the 309 articles, 79 (22.56 percent) were published from November 2015 to October 31, 2016, 92 (29.77 percent) from third medical institutions, and 121 (39.1 percent) from across the country. The integrated keywords were summarized into a total of 14, followed by sexual assault/sexual harassment (14.88%), shortage of nurses (11.65%), burning nurses (11.0%), unfair dismissal (10.67%) and physical assault (10.35%). The findings could be used as basic data for establishing a positive working environment for nurses and improving positive image awareness of nursing professionals.

The Solidarity Networking between Labor and Civil Society Movements: the Case Study of Hope Bus (시민사회의 연대운동 네트워킹 사례연구: 희망버스를 중심으로)

  • Lee, Byoung-Hoon;Kim, Jindu
    • Korean Journal of Labor Studies
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    • v.23 no.2
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    • pp.109-139
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    • 2017
  • In light that solidarity movements become significant under the situation of 'labor and labor movement' crisis, our study pays attention to the fact that the Hope Bus campaigns made remarkable achievements, and aims to figure out how those campaigns were successful, by focusing on their solidarity networking. The successful operating conditions of solidarity networking in the Hope Bus campaigns are examined in three aspects - the conditions of triggering, forming, and activating. The solidarity networking of Hope Bus campaigns were mainly triggered by the injustice of layoffs by Hanjin Heavy Industry, aerial protest by Jin-sook Kim, and the tragic symbol of the protest site (Crane no. 85). The solidarity movement of Hope Bus could be formed by the mutual trust and cohesive team-building of key network brokers, their utilization and expansion of social movement networks, and massive ripple effect of SNS-mediated communication. The solidarity networking of Hope Bus was effectively activated by open and de-hierarchical operations of the central planning group, active solidarity activities of participant groups, and the provision of 'heuristic experience' for developing the sensibility to labor solidarity. The virtuous combination of those three operating conditions leads to the building of unified forces among social movements, massive civil participation, and meaningful movement outcomes, through the solidarity networking of Hope Bus campaigns.