• Title/Summary/Keyword: Labor Rights

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Limitations on Exclusive Rights of Authors for Library Reprography : A Comparative Examination of the Draft Revision of Korean Copyright Law with the New American Copyright Act of 1976 (저작권법에 준한 도서관봉사에 관한 연구 -미국과 한국의 저자재산권의 제한규정을 중시으로-)

  • 김향신
    • Journal of Korean Library and Information Science Society
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    • v.11
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    • pp.69-99
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    • 1984
  • A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

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Cheonan Frigate Incident and Yeonpyeongdo Shelling by North Korea: Changing Public Opinion; Strategic Consideration (천안함·연평도 도발 이후 국민의식 변화와 대책)

  • Sohn, Kwang-Joo
    • Strategy21
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    • s.34
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    • pp.93-127
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    • 2014
  • During the four years following the sinking of the Cheonan frigate in 2010, the South Korean public opinion has seen changes in four basic ways. First, public polls with respect to the cause of the sinking show that 70% of the people consider North Korea as the culprit, while 20% maintain that it was not an act carried out by North Korea. Second, the opinions relative to the cause of the incident seem to vary according to age difference, generational difference, and educational difference. From 2011, people in their 20s showed 10% increase in regarding North Korea as the responsible party. People in their 30s and 40s still have a tendency not to believe the result of the investigation carried out by the combined military and civilian group. Third, the most prominent issue that arose aftermath of the Cheonan incident is the fact that political inclination and policy preference are influencing the scientific determination of the cause. In other words, scientific and logical approach is lacking in the process of determining the factual basis for the cause. This process is compromised by the inability of the parties concerned in sorting out what is objective and what is personal opinion. This confused state of affairs makes it difficult to carry on a healthy, productive debate. Fourth, rumors, propaganda, and disinformation generated by pro-North Korea Labor Party groups in the internet and SNS are causing considerable impact in forming the public opinion. Proposed Strategy 1. The administration can ascertain public trust by accurately determining the nature of the provocation based on accurate information in the early stages of the incident. 2. Education in scientific, logical, rational methodologyis needed at home, school, and workplace in order toenhance the people's ability to seek factual truths. 3. In secondary education, the values of freedom, human rights, democracy, and market economy must be reinforced. 4. It is necessary for the educational system to teach the facts of North Korea just as they are. 5. Fundamental strength of free democratic system must be reinforced. The conservative, mainstream powers must recognize the importance of self-sacrifice and societal duties. The progressive political parties must sever themselves from those groups that take instructions from North Korea's Labor Party. The progressives must pursue values that are based on fundamental human rights for all. 6. Korean unification led by South Korea is the genuine means to achieve peace in a nuclear-free Korean peninsula. The administration must recognize that this unification initiative is the beginning of the common peace and prosperity in the Far East Asia, and must actively pursue international cooperation in this regard.

Legal and Institutional Outcomes from the 10-year Struggle against Occupational Diseases of Semiconductor workers (반도체 직업병 10년 투쟁의 법·제도적 성과와 과제)

  • Lim, Jawoon
    • Journal of Science and Technology Studies
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    • v.18 no.1
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    • pp.5-62
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    • 2018
  • Over the last 10 years, the fight against occupational diseases of semiconductor workers led by SHARPS(the Supporters for the Health And Rights of People in the Semiconductor industry, NGO) has accomplished considerable achievements, especially in the legal and institutional aspects. First, the court and the government accepted the claims that 24 injured workers respectively filed, recognizing their 10 types of diseases as occupational illness. The court not only expanded the list of work places and diseases that it recognized, but also presented more progressive logic of recognition. The most remarkable achievement among them is the case ruled by the Supreme court in July, 2017. In terms of 'worker's right to know', which is the most important factor in preventing occupational diseases, there have been significant legislative bills, court rulings and government guidelines. The revised bill of the Industrial Safety and Health Act to strengthen workers' rights to know and to introduce the pre-review system on trade secret is currently under review by the National Assembly. The court recently ruled that the government should disclose its inspection results on safety and health management at semiconductor factories. The ministry of labor has drawn up internal guidelines to more actively open its safety and health data to public. This study looks over recent developments in such rulings, bills and guidelines and then, analyzes their implications, laying the groundwork for future actions for worker health in the electronic industry.

A Phenomenological Study on the Working Life of Older Wage Earners: Focusing on the Elderly in Seoul (고령 임금근로자들의 일하는 삶에 대한 현상학적 연구: 서울지역 거주 노인을 중심으로)

  • Park, Jisung;Yoon, Min-Suk
    • 한국노년학
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    • v.37 no.2
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    • pp.497-516
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    • 2017
  • This study explored the meaning and essential structure of the life of 12 older wage earners who are 65 years old or older residing in Seoul. For the in-depth analysis of the qualitative interviews, Giorgi(2012)'s phenomenological research method was used. Results presented a total of 349 meaning units, 35 core meanings, 16 emerging themes, and 6 essential themes. These essential themes consisted of a life tolerating contempt and prejudice, the hungry belly in the later years, a yoke of the subordinate, an unclimbable vertical wall, reviving the hours of youth through working, and labor pride. These six essential themes led to the essential structure of'small happiness that is felt at times out of the weary working life in later years. The research participants felt worn out by the social discrimination and unfair working conditions against older wage earners, but they felt relieved that they were able to work in old age and had a sense of self-esteem through their work. Working was the important tools for older wage earners to experience happiness in later years because it not only relieved their financial burden but also brought a sense of self-esteem and labor pride. Based on the results, we suggested as following: 1) with respect to social discrimination and unfair working conditions against older workers, the whole society should discuss it as the protection of human rights and take legal actions; 2) various service jobs need to be created so that older workers can contribute to the society by utilizing their experiences; and 3) educational programs of computer or internet use must be expanded through which older wage earners can improve their job skills.

Extending the Scope of License Restrictions for Medical Personnel and Limiting Fundamental Rights - Focusing on the Revision of the Medical Law - (의료인의 면허제한 범위 확대와 기본권 제한 -의료법 개정안을 중심으로-)

  • Kwon, Ohtak
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.3-30
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    • 2021
  • Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

A Study on the Property Values of News Articles and Copyright Infringement (보도기사의 재산권적 가치와 무단전재를 통한 저작권 침해에 관한 연구)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.39
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    • pp.324-354
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    • 2007
  • Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.

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A Study on the Relation of Adolescent Self-esteem and Labor Participation (청소년의 자존감과 노동참여 간의 관계에 관한 연구)

  • Park, Sang-Jin
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.4
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    • pp.187-192
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    • 2022
  • This research focuses on analyzing the correlation between adolescent self-esteem and labor participation. The findings of this study are as follows: First, when it was analyzed whether there are differences in self-esteem with ages, out of school students were the lowest. and self-esteem level increased with age. Second, when the differences in self-esteem levels between genders were examined, male students showed slighty higher positive self-esteem and total self-esteem, which shows statistically significant difference. Third, the correlation between self-esteem and labor participation is as follows: 50.4% of students experienced part-time jobs in low self-esteem group. And 50.6% of students experienced part-time jobs in high self-esteem group. It shows that self-esteem level doesn't have relation to part-time job experience. Fourth, when the correlation between part-time job intention and self-esteem was analyzed, 50.5% of students in low self-esteem group responded they would have part-time job, but 49.5% of students in high self-esteem group. Also, 50.9% of low self-esteem group students responded they had no intention of getting part-time jobs, but 49.1% in high self-esteem group. It shows self-esteem level doesn't influence the decision to get part-time jobs. Last, the correlation between the reason they get part-time jobs and self-esteem level was analyzed. 68.1% of students in low self-esteem group had part-time jobs voluntarily, while 31.9% had to have jobs involuntarily for economic cause. Also 75.2% of students in high self-esteem group had part-time jobs for voluntary motive and 24.8% for economic cause. So high self-esteem group showed more voluntary cause and low involuntary cause for part-time jobs, but there was no statistically significant value.

On-site Investigation of Work Cease Rights Conducted by Employers to Ensure Worker Safety (근로자 안전을 확보하기 위해 실시하는 사업주에 의한 작업중지권 현장 실태조사)

  • Woo Sub Shim;Sang Beam Kim
    • Journal of the Society of Disaster Information
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    • v.19 no.4
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    • pp.806-814
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    • 2023
  • Purpose: According to the Occupational Safety and Health Act of the Ministry of Employment and Labor, in order to prevent industrial accidents, the right to stop work must be exercised in the event of an imminent danger. This study conducted a fact-finding survey on whether employers fulfilled the right to suspend work in the workplace when an imminent danger, such as a typhoon, was encountered. Method: For two days from August 9 to October, when the impact of Typhoon Khanun No. 6 was significant, it was confirmed by wire whether or not the work suspension was carried out at the workplace, and the subjects of the survey were 1,649 construction sites, 830 manufacturing sites, and 278 other industries, for a total of 2,757 sites. Result: As a result of the fact-finding survey, 56% (1,555 locations) on August 9th and 77% (2,142 locations) on August 10th carried out full or partial work suspension. In particular, on August 10, when the typhoon landed, 40% of all workplaces completely stopped work. Conclusion: Through this study, it was confirmed that the right to suspend work by employers is being used in actual workplaces. In the future, when there is an imminent danger, in addition to the right to suspend work, flexible and telecommuting, working hour adjustments, etc. must be actively used to ensure the safety of workers and protect their lives.

The study of Dong-shan(東山) Yao(瑤) marriage culture (동산요족(東山瑤族)의 혼인형태탐구(婚姻形態探究))

  • Xing, Li
    • Korean Journal of Heritage: History & Science
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    • v.37
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    • pp.213-242
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    • 2004
  • "China", "Guang-Xi(廣西)", "Dong-Shan(東山)", a marriage of "Yao-zu(瑤族)" divide mainly into a distinguished family form, but are by a marriage of a traditional general form (a woman getting married) and "Zhaoxu-Hun(招婿婚)", a marriage of "Liangtou-che(兩頭扯)". These two marriage format that mentioned the back is a marriage format to often appear in other Chinese minority race region while being a custom peculiar to "Yao-zu(瑤族)" marriage method. "Zhaoxu-Hun(招婿婚)" provides labor force as a workman while living with a man sinks with "son-in-law" to a woman house, and doing, and it is to carry out a lot of duty as a husband too. "A Liangtou-che(兩頭扯)" marriage is more characteristic, but lives while going around a bilateral family while man and woman each stay in an own house. There are inheritance of property rights to own family, too and obeys anger of he direction family bilateral where if lays a child even if stands up and holds a memorial service. At the same time that these marriages are performed between the same "Yao-zu(瑤族)" near a track, and solution does a distribution problem between a labor problem and the families which were unstable through a mutual marriage for the purpose a compunction "Yao-zu(瑤族)" social network construction into intimacy anger. A general idea is covered he base with in order the porcelain which is a weak race prevent that it is assimilated by external aggression because "Yo-zu(瑤族)" has always received aggression of "a Han-zu(漢族)" too historically, and to keep an ethnic pure blood.

The Custom of Bride Wealth in Africa: The Context of Change and Reconstruction (아프리카의 신부대(bride wealth) 관습: 변화와 재구성의 맥락)

  • Seol, Byung-Soo
    • Cross-Cultural Studies
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    • v.50
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    • pp.131-172
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    • 2018
  • It is noted that nowadays, the bride wealth custom takes an extremely distorted form in African society. Such a phenomenon is a result that the male-dominant culture, Western religions, and capitalist economic system have been negatively combined into dynamic factors seen as bride wealth. This means that the concept of bride wealth has been incessantly reconstructed in the middle of clash and conflict of tradition and modernity. There is also little doubt that the practice is inextricably tangled with the common and current ways of livelihood, early marriage, polygyny, kinship/family structure, poverty, and migration labor. Bride wealth has become an increasingly commercialized element under a capitalist economic system. Accordingly, its traditional symbolism is seen to be subsequently weakening, whereas a tendency towards the reification of women is strengthening more in modern society that embraces modern customs bent on the protection of women's human rights. Its commercialization has produced a result, which instigates the noted violations of women's basic human rights, gender inequality, and promotion of domestic violence. The ways that people perceive bride wealth vary according to their own sex, generation, stratification, and ethnic background. Those people who negatively recognize bride wealth will increase with the deepening of its commercialization due to the influence of capitalism. Its color and effect will deepen and depend on how its agents correspond to socioeconomic changes. They will constantly reinterpret and reconstruct it within their own environments, but the basic human rights efforts are constantly under review by concerned individuals seeking to promote equality for women as a global effort.