• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.95-136
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• 2018

As the number of precariats grows, their poor labor rights and working conditions are becoming issues of major concern all over the world but how to represent their interests is still controversial. Basically, the union is the institutional mechanism for representing the labor rights. However, it is difficult for workplaceand enterprise-based unions to fully represent the labor rights of precarious workers. Recently, so-called community unions have emerged in the United States, the United Kingdom, and Japan as independent organizations representing the rights of non-standard workers. Community unions refer to labor unions which organize precarious workers across firms at the regional level. They are known to be suitable for covering the unemployed, job seekers, indirect employment workers, short-term contract workers, and small-firm workers. In South Korea, since the financial crisis in 1997, a dramatic increase in the number of precariats leads to emergence of new types of trade unions such as the Youth Community Union, the Arbeit Workers' Union, the Artist Social Union and the Korea Musician's Union. They have engaged in various activities to guarantee the labor rights of precariats. Recently, researchers have also tried to identify defining characteristics of these new forms of unionism. To expand research on trade unionism in South Korea, this study compares two different types of community unions: the Youth Community Union and the Arbeit Workers' Union. We believe that this attempt can contribute to the research on the alternative labor movement. For this purpose, this study starts with theoretical discussions on community unions, and compares the Youth Community Union with the Arbeit Workers' Union based on the five characteristics of community unionism: membership and organization structure, the recognition struggle, the type or scope of interest, solidarity with other civic organizations, and the repertoire of resistance strategies. Based on this comparative analysis, this study seeks to foresee the possibility of how community unionism will develop in South Korean in the future.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• 한국노년학
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• v.29 no.4
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• pp.1559-1575
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• 2009

As the basic old-age pension system was enforced in 2008, the base for old-age income security was founded. However, due to the basic old-age pension played a minor role as assistant allowance, it did not reach to sufficient level to cover full income security system. It is estimated that the dependency on private transfer income among the elderly who are difficult to be economically independent is still high. Therefore the poverty rate of the elderly households, who are not economically active or who are not protected by old-age income security system, is more likely to be higher than that of non-elderly households. Based on the assumption that public transfer income system should become a central means of old-age life guarantee, this study examined the poverty mitigation effects among the elderly households by comparing the private transfer income and the public transfer income. For this purpose, we selected single-elderly-households who have been considered the most vulnerable to poverty. We used 2006- 2008 Household Income and Expenditure Survey dataset that contained single-elderly who were older than 65 years old. To understand the conditions of poverty among single-elderly-households and the degree of poverty-reducing effect originated from income transfer system, we compared the poverty rates of total households and the whole elderly households. Next, we analysed the poverty of the single-elderly-households by social demographic factors such as gender, age, and economic activity. Our major findings are as follows: First, the poverty rate of the whole elderly households were not reduced, even though the basic old-age pension and long-term care management system were enforced in 2008. Second, half of the elderly households including single-elderly-households belonged to the absolute poverty line. Relatively higher level of poverty among the single-elderly-households was found especially those who were female, unemployed, low-educated, older, and rural single-elderly-households. Third, the effect of the public transfer income on mitigating the single-elderly-households poverty showed a little progress. However, even greater poverty reducing effect was found by the private transfer income system. Fourth, in a group of the public transfer systems, the public assistance such as supporting living costs contributed more to reduce poverty of the elderly population than the public pension system did.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.5
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• pp.185-196
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• 2023

This paper investigates the effects of entrepreneurs' cognitive biases on business opportunity evaluation, given their strong entrepreneurial spirit, which is characterized by innovation, proactivity, and risk-taking. When making decisions related to business activities, entrepreneurs typically make rational judgments based on their knowledge, experience, and the advice of external experts. However, in situations of extreme stress or when quick decisions are required, they often rely on heuristics based on their cognitive biases. In particular, we often see cases where entrepreneurs fail because they make decisions based on heuristics in the process of evaluating and selecting new business opportunities that are planned to guarantee the growth and sustainability of their companies. This study was conducted in response to the need for research to clarify the effects of entrepreneurs' cognitive biases on new business opportunity evaluation, given that the cognitive biases of entrepreneurs, which are formed by repeated successful experiences, can sometimes lead to business failure. Although there have been many studies on the effects of cognitive biases on entrepreneurship and opportunity evaluation among university students and general people who aspire to start a business, there have been few studies that have clarified the relationship between cognitive biases and social networks among entrepreneurs. In contrast to previous studies, this study conducted empirical surveys of entrepreneurs only, and also conducted research on the relationship with social networks. For the study, a survey was conducted using a parallel survey method using online mobile surveys and self-report questionnaires from 150 entrepreneurs of small and medium-sized enterprises. The results of the study showed that 'overconfidence' and 'illusion of control', among the independent variables of entrepreneurs' cognitive biases, had a statistically significant positive(+) effect on business opportunity evaluation. In addition, it was confirmed that the moderating variable, social network, moderates the effect of overconfidence on business opportunity evaluation. This study showed that entrepreneurs' cognitive biases play a role in the process of evaluating and selecting new business opportunities, and that social networks play a role in moderating the structural relationship between entrepreneurs' cognitive biases and business opportunity evaluation. This study is expected to be of great help not only to entrepreneurs, but also to entrepreneur education and policy making, by showing how entrepreneurs can use cognitive biases in a positive way and the influence of social networks.