• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2013.06a
• /
• pp.288-290
• /
• 2013

해양안전심판제도는 해양사고의 원인을 밝혀 해양안전에 이바지함을 목적으로 하고 있음에도, 실질적으로 원인조사보다는 징계를 주목적으로 하는 것처럼 보일 수 있다. 해양사고가 발생하였을 경우, 지방해양안전심판원은 원인재결 및 징계재결을 하는데, 해기사나 도선사에게 징계재결을 하면 이는 침익적인 행정처분에 해당된다. 이러한 행정처분에 다툼이 있을 경우 중앙해양안전심판원에 구제를 요청하면 행정심판이 된다. 행정심판의 재결에 대하여 다시 대법원에서 다투는 것이 행정소송이 된다. 일반적으로, 행정심판의 재결은 3심제의 재판을 받을 수 있으나, 해양안전심판제도에서 중앙해양안전심판원의 재결에 대한 행정소송은 대법원 전속관할 단심제로 운영되고 있어 헌법의 기본권 중의 하나인 재판청구권에 대한 위헌 논란이 계속되고 있으므로, 이 논문에서는 해양안전심판제도의 본래의 목적인 해양사고 원인규명을 통한 해상안전의 확보 및 징계재결로 인한 침해된 국민의 권리를 구제하기 위한 개선방안을 제안하고자 한다.

• Journal of Legislation Research
• /
• no.44
• /
• pp.611-653
• /
• 2013

An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

• Korean Security Journal
• /
• no.44
• /
• pp.251-278
• /
• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.