• Title/Summary/Keyword: Labor Contract

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Job Characteristics of Care Workers in Elderly Care Voucher Service as a Quality Element (사회서비스 품질 요소로서 제공인력의 근무특성 : 노인돌보미 바우처 사업을 중심으로)

  • Choi, Eun-Young
    • Korea journal of population studies
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    • v.33 no.3
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    • pp.101-121
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    • 2010
  • The purpose of this study is to examine the job characteristics of care workers in elderly care voucher service emphasizing a social service quality management approach. The study sample was composed of randomly-selected 233 centers which dispatched care staffs to clients' home. Descriptive analyses were performed for examining the unique aspects of relationship-based labor of care staffs, and logistic regression analyses were performed for investigating the association between service quality structure and human right violation against staffs. As the first empirical study focusing on staff-side service quality factors, this study found out that human right violation against staffs was mainly influenced by record-keeping and document management capacity of center, risk protection under insurance, compliance of standard contract procedure, and regular supervision. These results suggest particular policy attention should be given to basic protection for and set-up of core activity boundaries of care workers as well as clients-centered rights both for preventing human right violation and improving overall social service quality.

The Conceptualization of Caring Justice and an Evaluation of Long-Term Care Policy in Korea (돌봄정의(Caring Justice) 개념구성과 한국 장기요양정책의 평가)

  • Seok, Jae-Eun
    • 한국사회정책
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    • v.25 no.2
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    • pp.57-91
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    • 2018
  • Despite the rapid growth of social care, understanding of care is segmental and caring is still marginalizing. The socialization of caring is actually a 'half-socialization' that is the result of injustice surrounding caring. Therefore, it is necessary to approach the problem of caring in terms of justice. In this paper, I discuss the limitations of social justice based on John Rawls 's social contract theory in the discussion of caring justice through feminists'writings on caring ethics. And then applying Nancy Fraser' s three scales of Justice-redistribution, recognition, and representation, the concept of caring justice has been newly constructed. The concept of caring is defined as a unified concept of caring including the aspect of the social rights of the care recipient as well as the labor rights of the care provider. Based on the analysis of care justice, we derive the ideal types of care policy and then evaluate the long-term care policy for the elderly, which is the central axis of Korean care policy. The results of this study are as follows: First, it is necessary to strengthen the labor rights of care providers especially for the socialization of care responsibilities and the proper allocation of social resources. Second, a service delivery system and care culture are needed to ensure the relational autonomy of care-receivers and care-givers for caring ethics and individualization of care. Third, the issue of care should be treated as the central agenda of politics in order to distribute care responsibility democratically and to distribute legitimate resources. This requires a paradigm shift from marginalization of care to mainstreaming of care. Ultimately, we should aim for a Caring Society.

Why are Cleaning Workers Precarious? - Subcontracted Female Cleaning Labour and Fictional Korean Social Protection (청소노동자는 왜 불안정(precarious)한가? -하청 여성 청소노동과 한국 사회안전망의 허구성)

  • Lee, Sophia Seung-yoon;Seo, Hyojin;Park, Koeun
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.247-291
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    • 2018
  • This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.

A Study on French ADR and the Present Situation of its Application (프랑스의 ADR과 그 활용 현황에 관한 고찰)

  • Won, Yong-Soo
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.97-116
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    • 2007
  • This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

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A Study on the Disputes and its Improvement in the Process of Producing Digital Music Source (대중음악 음원제작과정에서의 분쟁발생과 그 개선점에 대한 고찰)

  • Kang, Da-Hye
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.59-81
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    • 2017
  • The purpose of this study is to find a solution to disputes in the process of producing digital music sources. At present, the center of the world music market including the domestic market has been completely transformed from the tangible musical record market to the intangible sound source market. Due to these environmental changes, the music production process becomes industrialized and specialized, causing conflicts of interest among the individuals in the process. First of all, this study examined changes in the music market which is the background of the dispute, identified the problems of the process and suggested solutions while summarizing the meaning and role of each process of producing a sound source that may arise during the sound production process. This study covers plagiarism between producers, copyright infringement of the creator against assistant creator caused by the industrialization and division of the production environment, issues related to the rights of sound engineers whose role and importance become bigger as acoustic technology develops and music genres become more diverse, and vertical hierarchy due to the formation of oligopoly by several distributors with huge capital. As a result of the study, it was concluded that Alternative Dispute Resolution (ADR) system is suitable for solving these problems. Specific methods of using ADR include activation of the dispute settlement system of the Korea Copyright Commission, active use of the arbitration clause specified in the standard contract, and recalculation of labor costs and earnings from copyright through mutual negotiations. This paper can be differentiated from previous studies in that it studied overall problems that might arise in the process of digital music source production and suggested ADR utilization as the solution.

Optimization Methodology for Sales and Operations Planning by Stochastic Programming under Uncertainty : A Case Study in Service Industry (불확실성하에서의 확률적 기법에 의한 판매 및 실행 계획 최적화 방법론 : 서비스 산업)

  • Hwang, Seon Min;Song, Sang Hwa
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.39 no.4
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    • pp.137-146
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    • 2016
  • In recent years, business environment is faced with multi uncertainty that have not been suffered in the past. As supply chain is getting expanded and longer, the flow of information, material and production is also being complicated. It is well known that development service industry using application software has various uncertainty in random events such as supply and demand fluctuation of developer's capcity, project effective date after winning a contract, manpower cost (or revenue), subcontract cost (or purchase), and overrun due to developer's skill-level. This study intends to social contribution through attempts to optimize enterprise's goal by supply chain management platform to balance demand and supply and stochastic programming which is basically applied in order to solve uncertainty considering economical and operational risk at solution supplier. In Particular, this study emphasizes to determine allocation of internal and external manpower of developers using S&OP (Sales & Operations Planning) as monthly resource input has constraint on resource's capability that shared in industry or task. This study is to verify how Stochastic Programming such as Markowitz's MV (Mean Variance) model or 2-Stage Recourse Model is flexible and efficient than Deterministic Programming in software enterprise field by experiment with process and data from service industry which is manufacturing software and performing projects. In addition, this study is also to analysis how profit and labor input plan according to scope of uncertainty is changed based on Pareto Optimal, then lastly it is to enumerate limitation of the study extracted drawback which can be happened in real business environment and to contribute direction in future research considering another applicable methodology.

A Study on the Problem and Countermeasure of Concealment of Industrial Accident in Construction Site (건설업 산재 은폐의 문제점과 대책에 관한 연구)

  • Choi, Man-Jin;Kang, Kyung-Sik
    • Journal of the Korea Safety Management & Science
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    • v.10 no.3
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    • pp.29-33
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    • 2008
  • According to statistics released by the Ministry of Labor for the past 6 years, work-related accidents in the construction industry have been on the continued increase, resulting in social and economic losses that are difficult to determine at an exact amount. However, the number will likely get much bigger if unreported cases are included, considering the fact that the aforementioned statistics are based soley on the applications filed with Korea Workers' Compensation and Welfare Service. The practice of businesses choosing not to report and dealing with industrial accidents in an unauthorized manner is defined as "concealment of industrial accident". The reason the employers tend to engage in the concealment practice even at their huge cost is a "pre-qualification" scheme for the applicants in the government procurement process. Under the pre-qualification scheme, the applicants with a high rate of industrial accidents receive a low grade and become less attractive candidates in the procurement process, thus losing an opportunity to win a contract. Such failure relates directly to the fate of business organizations, to survive or not. That is why they are making all-out efforts to obtain a high grade in the pre-qualification evaluation. With regard to the accident-concealment problem, the following can be mentioned as preventive measures: (1) To exclude a rate of industrial accidents from the pre-qualification scheme; (2) To strengthen the institution of imposing penalties on the occurrence of industrial accidents; (3) To introduce private insurance system to the current industrial accident compensation insurance; and (4) To give non-recognition treatment to industrial accidents that were not reported upon occurrence. In conclusion, the concealment problem can be resolved if the aforementioned measures are to be taken continuously along with corrective measures against institutional deficiencies.

An Analysis of the Efficiency of the Global Logistics Industry with Data Envelopment Analysis and a Tobit Model (세계 물류산업의 효율성에 관한 연구)

  • Park, Woo-Ram;Kwon, Oh-Kyoung;Tongzon, Jose
    • Journal of Korean Society of Transportation
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    • v.26 no.5
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    • pp.41-49
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    • 2008
  • According to the demand for services. a single point contract between a user and provider spreads over the industry, and the relationship between them is a main issue. The user wants to make a deal with the contributor which can provide the effective services to the user. This study is to estimate the efficiency of global logistics industry with Data Envelopment Analysis, by nations from 2001 to 2005. Furthermore, it tries to estimate the inefficiency affected by macro factors, and proves the association between them using Tobit model. Global logistics industry has made growth both externally and internally more than doubled for the last 5years. Technical inefficiency of global logistics industry is more influenced by pure technical inefficiency than inefficiency of scale. Therefore technical efficiency can be increased by decreasing pure technical inefficiency. Through this study, it found that the logistics industry got influenced to its efficiency by high price of oil, and courier and transportation service market is formed stably. Furthermore, it advocates policy planners to consider effectiveness and clearness of policy which influence to inefficiency of logistics industry. Also, it found that labor and financial support can give critical effect.

The Way of Improving the Working Environment for Female Workers on Construction Site Based on Construction Welfare Facilities

  • Pak, Sungsine;Shin, Chang-Keun;Lee, Sang-Hak
    • Architectural research
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    • v.22 no.2
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    • pp.63-73
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    • 2020
  • This paper reports problems of current working environment on construction site in South Korea from a female laborers' point of view and proposes solutions to improve the environment. To investigate and analyze the problems, a questionnaire survey and a focus group interview were conducted with 341 engineers and 557 laborers. Among them female engineers and female laborers were 51 and 136 respectively. Findings are the facilities related with welfare facilities such as lavatories, shower rooms, lounges and changing room, etc. for women were not sufficient and even not installed only for women because all of the planners for the facilities were men and The Standard of Estimate does not consider gender distinction. The data on the trade and the number of female laborers were not recorded and this study confirmed the number and the proportion of female laborers according to construction progress i.e. the proportion of female laborers were 0% ~ 11% (average 6%) at 26 construction sites having 2% ~ 92 % construction progress. In order to solve these problems, gender education for the welfare facility planner is required and the current Standard of Estimate should be revised considering female laborers after collecting the site data for the number of female laborers according progress and the increase in the construction cost should be reflected in the contract amount accordingly. Conclusively temporary work planning related with welfare facilities should be established and conducted in terms of gender equality at construction sites. In addition, improving working environment on construction sites for female laborers will enhance the company's image and also helping solve the labor shortage problem by women laborers engaging in construction industry easily.

Comparative Analysis on Unit Price based on Historical Cost Data Estimating for Large and Small-scale Civil Engineering Works (대·소규모 토목공사의 실적공사비 비교 분석)

  • Hong, Sung Ho;Shin, Juyeoul;Kim, Chang Hak;Lee, Dong Wook
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.33 no.4
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    • pp.1707-1718
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    • 2013
  • Historical cost data estimating system has been introduced since 2004 in the construction industry. Based on contract prices of past projects, this estimating system estimates construction cost according to work types. The Korea Institute of Construction Technology (KICT) announces the historical cost data twice a year annually. The unit price of a small construction project is higher than large construction project due to the increase on production cost per work unit, equipment and labor cost, etc. However, the historical cost data estimating system is applied to project estimation uniformly regardless the construction project's size. This study compared and analyzed the historical cost data of large and small construction project to indicate the problem of historical cost date estimating system. The study derived that the unit price of a small construction project is 21.8% higher than that of large construction project.