• Title/Summary/Keyword: Compulsory

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The Analysis of the Effect of Compulsory Arbitration in Labor-Management Relations Arbitration - Can Compulsory Arbitration Carry Out a Strike-Like Function in Collective Bargaining? - (노사강제중재제도(勞使强制仲裁制度)의 효율성(效率性) 분석(分析) - 강제중재(强制仲裁)의 파업행위기능(罷業行爲機能) 대행(代行) -)

  • Beak, Gwang-Gi
    • Korean Business Review
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    • v.1
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    • pp.115-134
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    • 1987
  • The increased number of organized employees and amount of collective bargaining in the public sector has caused many industrial relations students to pay attention to the compulsory arbitration mechanism. Some of these have criticized the compulsory arbitration on the grounds that it tends to replace collective bargain ing itself. They argue that each party lacks the incentive to concede and compromise that is so necessary in reaching agreements as long as the threat and/or use of strike is unavailable to them. On the other hand, the proponents of the compulsory arbitration maintain that compulsory arbitration carries out a strike like function by imposing the cost of disagreement. This paper is primarily concerned with these contradictory issues. More particularly, an attempt is made to analyze the impact of the compulsory arbitration mechanism upon the collective bargaining process by developing a bargaining model with explicit considerations of the determinants of the concession behavior of each party as a function of the cost of disagreement and the risk willingness relationship between the parties. The analysis in this paper leads to a synthesis of the above competing arguments, and shows that those contradictory views on the effect of the compulsory arbitration are mainly due to their failure to con sider the concession process.

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Analysis of the Efficiency and Influencing Factors of Fiscal Expenditure on Compulsory Education

  • Yanan Sun;Qingsong Pang;Sangwook Kim
    • Journal of the Korea Society of Computer and Information
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    • v.29 no.1
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    • pp.241-249
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    • 2024
  • Using the panel data of 31 regions in China from 2006 to 2021, this paper analyzes the efficiency and influencing factors of the fiscal expenditure on compulsory education in China. Through the analysis found that the efficiency of some economically developed regional is lower, but the efficiency of economically backward regional is higher. In order to further analyze the influencing factors of the efficiency of fiscal expenditures on compulsory education, using Tobit model is analyzed. It is found that regional per capita GDP and fiscal self-sufficiency rate have a negative impact on the efficiency of fiscal expenditure on compulsory education. Age structure, percentage of fiscal expenditure on compulsory education and level of teachers have a positive impact on the efficiency of fiscal expenditure on compulsory education. Fiscal decentralization has no significant effect on the efficiency of fiscal expenditure on compulsory education.

Effectiveness and Balance of Compulsory and Voluntary Safety Certification of Industrial Machines and Devices (산업용 위험기계·기구 의무 및 임의 안전인증의 효과 및 균형)

  • Choi, Gi Heung
    • Journal of the Korean Society of Safety
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    • v.31 no.1
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    • pp.7-12
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    • 2016
  • This study first focuses on the quantitative evaluation of both compulsory and voluntary safety certification of industrial machines and devices. Based on the results of statistical analysis, effectiveness of those safety certifications were confirmed. In order to reduce both the frequency and the strength of industrial accidents associated with industrial machines and devices, major target of safety regulations needs to be shifted from users to manufacturers. Adjustment of industrial machines and devices which are subject to compulsory safety certification and implementation of risk assessment are further suggested. As for the voluntary certification, reestablishment of the concept of voluntary safety certification and balance between compulsory and voluntary certifications is discussed. Voluntary safety certification is further suggested as a mean to manage safety of industrial machines and devices which are not subject to any safety regulations.

Discussion of Education Laws on Compulsory Education and its Limitations for the Gifted (영재에 대한 의무교육 제도의 교육법적 검토)

  • Park, Chang-Un;Seo, Hae-Ae
    • Journal of Gifted/Talented Education
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    • v.18 no.3
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    • pp.543-568
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    • 2008
  • The study attempted to articulate standpoints towards compulsory education system based on schooling age and year in careful considerations with the gifted. For these ends, literatures were reviewed and various education laws, regulations and documents and related law reports and judicial decisions were investigated. Literature review was conducted to develop that ideas of rights to compulsory education for regular students are closely related to those for gifted. Structures of general education laws and gifted education law and regulations were compared. Later, limitations of compulsory education were discussed when it was applied for the gifted. In conclusions, it is inappropriate that the gifted are ruled by compulsory education system based on schooling age. If compulsory education system is designated to provide an effective opportunity for all students, it should be duties and rights to enter elementary schools at schooling age. However, it appeared that the duties and rights to enter elementary schools at certain schooling ages function as inhibitors against the gifted with giftedness and potentials far beyond those of regular students. Therefore, the gifted should be separately ruled under flexible systems of compulsory education if their achievement level is assessed as sufficient to enter elementary schools before schooling age. On the other hand, legal systems of compulsory education are gradually evolved to flexible systems. However, it is necessary to establish social atmosphere and support system of educational administration in order to practice the flexible system of compulsory education for the gifted.

Compulsory Licensing as a price control and supply policy of patented drugs : Is it a possible alternative in South Korea? (특허신약의 가격통제 및 공급 정책으로서의 강제실시 : 한국에서의 가능성과 한계)

  • Byeon, Jin-Ok;Chung, Jung-Hoon
    • Health Policy and Management
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    • v.20 no.1
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    • pp.64-86
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    • 2010
  • Korea has had problems with the price and supply of essential drugs such as Gleevec for leukemia, Fuzeon for HIV/AIDS, and Tamiflu for both avian flu and swine flu. The shortage or refusal of patented drugs supply is imposing a heavy burden in not only developing countries but also developed countries. Thinking over the serious results, we need to concern about the limited access to patented drugs by multinational drug companies' patent monopoly especially for pandemic and life threatening diseases. The effective response regarding to pandemic and life threatening diseases. The effective response regarding to pandemic situation requests collaborative and unbiased provisions of all countries in the world, however, sometimes patent monopoly may hinder the efforts. Compulsory licensing has been considered to be a useful alternative to the abuse of patent rights. However, the Korean experiences of compulsory licensing have left some controversial issues in connection with the availability of it in Korea. 'Flexibility' allowed in TRIPS and Doha Declaration has not come into effect in Korea for several reasons. Although the situation shows the limitations of compulsory licensing as a pharmaceutical supply policy, it is clear that compulsory licensing still has the possibilities of enhancing the access to medicines of all countries in need. Through searching the institutionalization process and experiments of compulsory licensing in Korea, this article explores the possibilities and the limits.

A Study on the Improvement of Compulsory Arbitration System in Labor Dispute of Korea (한국노동쟁의에 있어서 직권중재제도의 개선에 관한 연구)

  • Lee, Hoi-Kyu
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.153-185
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    • 2006
  • This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

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A Study on the Efficiency Improvement of TTFC(Two Transistor Forward Converter) using Synchronous Rectifier of Compulsory Control-driver (동기정류기 강제구동 방식을 이용한 TTFC의 효율 향상에 관한 연구)

  • Bae, Jin-Yong;Kim, Yong;Lee, Eun-Young;Kwon, Soon-Do;Han, Kyung-Tae;Han, Dae-Hee
    • Proceedings of the KIEE Conference
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    • 2003.10b
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    • pp.166-170
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    • 2003
  • This paper presents the TTFC(Two Transistor Forward Converter) using Synchronous Rectifier of Compulsory Control-driver. The two transistor forward circuit is used to decrease voltage stress of primary side and the synchronous rectifier is used to reduce current stress of secondary side. Previous synchronous rectifier's MOSFET of TTFC have long dead time This paper presents synchronous rectifier of compulsory control-driver for minimized dead time. This paper compared with diode rectifier, self-driven synchronous rectifier and compulsory control-driver synchronous rectifier of TTFC. The principle of operation, feature and design considerations are illustrated and verified through the experiment with a 200W 100kHz MOSFET based experimental circuit.

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A Study on the Introduction of Liability Compensation Insurance to Prevent Medical Dispute (의료분쟁 예방을 위한 책임보상보험 도입에 관한 연구)

  • Kim, Kee-Hong
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.43-59
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    • 2018
  • This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.

Prediction Equation of Compulsory Replacement Depth of Silty Layer in Sihwa Region (시화지역 실트질 지반에서 강제치환심도 예측식 산정)

  • Park, Young;Lim, Heui-Dae
    • Journal of the Korean Geotechnical Society
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    • v.27 no.9
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    • pp.55-66
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    • 2011
  • The compulsory replacement method for soft ground treatment is simple but excellent in economic feasibility. However, the accurate replacement depth is not easy to properly predicted since an theoretical algorithm has not presently been established so far. In this research a prediction equation is proposed in a new form based on the liquid limit and natural moisture content rather than on the bearing capacity of the soft soil layer. The equation is based on the monitoring as well as the confirmatory boring at the site. In addition, the equation has been derived from the data obtained from the analysis of the characteristics of silt/clay of Sihwa region. The final prediction equation has been drawn by applying the regression analysis method.

Is a New Public Medical School Linked to Compulsory Service Necessary to Strengthen Public Health Care in Korea?: Who Wants to Build a New Public Medical School Linked to Compulsory Service? And Why? (우리나라 공공의료 강화를 위해 공공의대는 꼭 필요한가?: 누가, 왜 공공의대를 만들려 하는가?)

  • Han, Hee Chul
    • Korean Medical Education Review
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    • v.24 no.1
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    • pp.18-34
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    • 2022
  • The purpose of this study is to clarify the background of the controversial attempt to establish a new public medical school linked to compulsory service as a means of strengthening public healthcare in Korea, and to raise anticipated problems with possible solutions. In Korea, healthcare is predominantly provided by the private sector focused on medical care, rather than public healthcare, even under the national health insurance system. The government has been mainly in charge of public health and unmet medical services from a residual perspective, but health inequalities still exist. To resolve this issue, the government created the concept of public health and medical service (PHMS) from a universal perspective and tried to strengthen the infrastructure of public healthcare and to foster core PHMS doctors by establishing a new public medical school linked to compulsory service in medically vulnerable areas. This study investigated the reality and concept of the new public medical school planned by the government, and identified problems such as the possibility of obtaining accreditation and evaluation before its establishment, the side effects of dividing doctors' roles, the waste of huge amounts of resources, and insensitive policies. In conclusion, in order to resolve health inequalities in Korea, we need to train doctors through medical school education that strengthens the social responsibility of doctors along with strengthening public healthcare infrastructure, and to provide a better environment for doctors working in medically vulnerable areas through sophisticated policies.