• Title/Summary/Keyword: Labor Standard Act

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A Study on the Improvement of Flexible Working Hours (탄력적 근로시간제 개선에 대한 연구)

  • Kwon, Yong-man
    • Journal of Venture Innovation
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    • v.5 no.3
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    • pp.57-70
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    • 2022
  • In modern industrial capitalism, the relationship between the provision of work and the receipt of wages has become an important principle governing society. According to the labor contract, the wages provided by entrusting the right to dispose of one's labor to the employer are directly compensated, and human life should be guaranteed and reproduced with proper rest. The establishment of labor relations under free contracts represents a problem in protecting workers, and accordingly, the maximum of working hours is set as a minimum right for workers, and the standard for minimum rest is set and assigned. The reduction of working hours is very important in terms of the quality of life of workers, but it is also an important issue in efficient corporate activities. As of 2020, Korea has 1,908 hours of annual working hours, the third lowest among OECD 37 countries in the happiness index surveyed by the Sustainable Development Solution Network(SDSN), an agency under the United Nations. Accordingly, the necessity of reducing working hours has been recognized, and the maximum working hours per week has been limited to 52 hours since 2018. In this situation, various working hours are legally excluded as a way to maintain the company's value-added creation and meet the diverse needs of workers, and Korea's Labor Standards Act restricts flexible working hours within three months, flexible working hours exceeding three months, selective working hours, and extended working hours. However, in the discussion on the application of the revised flexible working hours system in 2021 and the expansion of the settlement unit period recently discussed, there is a problem with the flexible working hours system, which needs to be improved. Therefore, this paper aims to examine the problems of the flexible working hours system and improvement measures. The flexible working hours system is a system that does not violate working hours even if the legal working hours are exceeded on a specific day or week according to a predetermined standard, and does not have to pay additional wages for excessive overtime work. It is mainly useful as a form of shift work in manufacturing, sales service, continuous business or electricity, gas, water, and transportation for long-term operations. It is also used as a way to shorten working hours, such as expanding holidays through short working days. However, if the settlement unit period is expanded, it is disadvantageous to workers as the additional wages that workers can receive will not be received. Therefore, First, in order to expand the settlement unit period currently under discussion, additional wages should be paid for the period expanded from the current standard. Second, it is necessary to improve the application of the flexible working hours system to individual workers to have sufficient consultation with individual workers in a written agreement with the worker representative, Third, clarify the allowable time for extended work during the settlement unit period, and Fourth, limit the daily working hours or apply to continuous rest. In addition, since the written agreement of the worker representative is an important issue in the application of the flexible working hours system, it is necessary to secure the representation of the worker representative.

Improvement in Calculating Engineer Standard Wage Rate and Its Appropriate Level Computation (엔지니어링 노임단가 산출기준 개선방안과 적정 노임단가 추정)

  • Lee, Jae Yul;Lee, Hae Kyung
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.6
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    • pp.853-860
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    • 2022
  • The purpose of this study is to suggest an improvement plan for the calculation method of the engineer standard wage rate (ESWR) and to compute a reasonable ESWR. To this end, an adequacy review of theESWR calculation criteria was conducted along with an extensive engineering industry survey. The survey results were analyzed using an effective response sample of 748 companies out of 1,000 survey samples extracted by stratifying the 5,879 survey population. The main results were as follows. ①When calculating the engineering service fee, the prime contractor's engineer wage is suitable for the ESWR. The ESWR can be estimated by the formula 'average wage÷[1-proportion of subcontract orders×(1-subcontract rate)].' ② The field survey showed that the number of monthly working days was 20.35-20.54 days at 99 % confidence interval, which was significantly different from the current standard (22 days). In addition, as a result of a legal review of the ESWR criteria, it was found that the number of working days should be calculated in accordance with the Labor Standards Act after 2022. ③ Applying government guidelines, the time difference between the wage survey and the ESWR application can be corrected by the past ESWR increase rate for a specific period. ④ Using modeling based on the analysis above, the current ESWR was 13.5-14.5 % lower than the appropriate level. A lower ESWR was driven by the non-reflection of subcontract structure (4.1 %), overestimation of monthly work days (6.8-7.8 %), and application of past wage (2.6 %). The proposed model is expected to be widely used in policy making, as it can provide a useful framework for calculating the standard wage rate in similar industries as well as calculating appropriate engineering fees.

A Study on Operational Status and Management Satisfaction of Dental Laboratories (치과기공소 운영실태 및 경영만족도 조사)

  • park, Jong-Hee
    • Journal of Technologic Dentistry
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    • v.38 no.1
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    • pp.23-36
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    • 2016
  • Purpose: The purpose of this study is to suggest direction for dental technicians and management of dental laboratories to contribute to the improvement of oral health of citizens with high-quality dental prosthesis by researching operational status and management satisfaction of dental laboratories. Methods: In order to investigate operational status and management satisfaction of dental laboratories, this study conducted a questionnaire survey by mailing questionnaires to heads of dental laboratories designated as clinical training workshops of Department of Dental Technology of G University and a total of 158 questionnaires were used for analysis. Results: As for gender, males were 142 persons (89.9%) and females were 16 persons (10.1%). For location of the laboratories, number of laboratories in metropolitan cities was 94 (59.5%) while small and that in mid-sized cities was 64 (40.5%). As for the satisfaction with job, those who have managed dental laboratories for 23-30 years ($1.92{\pm}77$), transact with 7-12 dental clinics ($1.70{\pm}75$), had monthly income of 4-8 million won ($1.74{\pm}.80$) and had 8-10 employees ($2.33{\pm}.68$) were the highest in their satisfaction. As for satisfaction with management, those who have managed their business for 15-20 years ($2.86{\pm}.52$), transact with more than 20 dental clinics ($2.00{\pm}.04$), had monthly income of less than 4 million won ($2.00{\pm}.85$) and had less than 3 employees ($2.00{\pm}.62$) were the highest in their satisfaction. As for monthly income, those with less than 2 million won were 24 persons (15.2%), 2-4 million were 64 persons (40.5%), 4-6 million were 40 (25.3%), 6-8 million were 14 (8.9%) and over 8 million won were 16 persons (10.2%). As for number of employees, those with less than 3 employees were 32perosns (20.3%), 4-7 were 82 (51.9%), 8-10 were 26 (16.5%) and more than 11 were 10 persons (6.3%). As for severance payment, 84 persons practiced it according to Labor Standard Act (53.2%) and 34 practice it to a proper degree (21.5%) while 20 did not practice it at all (12.7%) and 20 persons did not respond to the question (12.7%). Conclusion: Although dental laboratories have rapidly expanded in number from 473 in 1986 to 2,400 in 2015, dental technician circles are facing difficulty in their management due to fierce competition and low profitability. Therefore, in order to improve this problem, it is necessary to readjust prices for dental prosthesis to realistic ones.

Development of MSDS DB management system corresponding to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (GHS 체계에 대응한 MSDS DB 구축 및 정보 제공 프로그램 개발)

  • Lim, Cheol-Hong;Kim, Hyun-Ock;Lee, Hye-Jin;Ahn, Sun-Chan;Shin, Hyun-Hwa;Yang, Jeong-Sun
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.19 no.4
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    • pp.347-362
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    • 2009
  • The United Nation agreed to adopt the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) until 2008 to solve the significant differences enough to result in different labels or MSDS for the same chemical in different jurisdictions. Though the GHS is an ideal solution in the respect of pursuing only one format of a MSDS throughout the world, it may cause confusion at the beginning due to lack of information. So the Korean Ministry of Labor (MOL) revised the Industrial Safety and Health Act (ISHA) and related public notice on the classification & labelling of chemicals according to the GHS in 2006. The transition period for the implementation of the GHS for substances was set until Jun 30, 2010, and for mixtures until Jun 30, 2013. To promote the implementation of the GHS in Korea, we developed an application program for constructing MSDS database and a management program for providing MSDS contents on the web in accordance with the GHS. We analyzed the sixteen sections of MSDS by the GHS guideline, and the result showed the necessity to construct logically connected DB for chemical identifier, hazard classification, label, standard phrases and regulatory information. Each section of a MSDS was divided into sub-databases to update the database efficiently. According to Relational Database Management System (RDBMS), the sub-databases were automatically assembled and subsequently a full MSDS is produced. At present, MSDS database for 6,314 substances has been built and provided through internet as the MSDS Editing program. During the service period from January 1 to March 31, 13,666 users have searched MSDSs for 33,401 substances. During program review, some comments about the classification results and other MSDS element sources were reported but no technical bug reported. We expect that the MSDS DB management system in accordance with GHS will accelerate the implementation of the GHS in Korea.

The Establishment of Roles and Titles of Quality Control Personnel for Construction Project Quality Assurance (건설공사 품질확보를 위한 품질관리 관련자의 역할 및 호칭 정립)

  • Lee, Chang-Hyo;Kim, Byung-Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.5
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    • pp.871-878
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    • 2017
  • The quality control personnel of the construction work shall establish and execute the quality control plan or the quality test plan and check the qualification of the used materials according to the process, the management of the test and inspection equipment, the quality education, the own quality inspection and measures. Management and quality test of Korea and plays an important role in preventing accidents. However, related organizations did not explicitly disclose their roles in quality testing and quality control tasks while changing the names of quality control personnel to test personnel and quality managers when revising related laws and regulations and the application of labor costs. Therefore, a research of this is needed to improve conflicting situation. In this study, the ambiguous title relation to the quality control persons is improved to meet the requirements of the construction work based on related laws and regulations, and each role and title is classified as 'quality tester' and 'quality manager'. In other words, the person who carries out the quality test of the "Construction Quality Test Standard" specified in the Guideline for Quality Management of Construction Projects shall be the "Quality Tester" and the person who performs the quality control plan establishment and execution work specified in the Enforcement Rule of the Construction Technology Promotion Act shall be referred to as the 'Quality Manager'.

A Study on the Role of Archivists in the Process of Establishing an Archives - Focuced on the case of The Korea Democracy Movement Archives (기록관(Archives) 건립과정에서 아키비스트의 역할에 관한 연구 - 민주화운동자료관 사례를 중심으로 -)

  • Jun, Myung-Hyuk;Kim, Young-Kyoung
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.65-89
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    • 2001
  • We, at The Korea Democracy Movement Archives opened temporarily at SungKongHoe University(SKHU), have currently collected about 100,000 recorded materials of democratization movement related with labor, farmer, civilian, human rights, peace, unification, young people, student and women's movements by investigating, collecting and receiving donations from civil organizations and individuals, and about 70,000 data out of this 100,000 data were converted into computer files. The Korea Democracy Movement Archives(temp) at SKHU has a significance in that it is the first archive opened by an organization. Furthermore, the opening of this Archive means the expansion of awareness on recording culture and accumulation of the achievements of the democratization movement in Korea. However, many obstacles still remain in the establishment of this Archive in a full-scale. This article examined many theoretical and realistic obstacles posed to the archivists, who are the professionals responsible for record management, in process of establishing the Archive, and the role and future perspectives of the archivists at The Korea Democracy Movement Archives(temp). The first obstacles in the process of organizing and separating the recorded materials at the Archive is a difficulty in the description of classifying the different movement organizations. The second obstacle is a difficulty in specifically applying the international standard, ISAD(G), of record description in the process of establishing the description items. Through many trials and errors, we need to try to confirm the description befitting. The Korea Democracy Movement Archives through continuous adjustment and complementary measures. The third obstacle is a difficulty in estimating the range and physical and quantitative amount of the recorded materials since the collection of recorded materials is complete. Thus, the answers to these problems lie in continuous efforts to establish a creative classification system befitting the democratization movement in Korea in the process of many trials and errors and endeavor. The evaluation classification done by archivists is a creative act forming record heritage, and archivists need to form record heritage reflecting the evaluation system of a certain period. Moreover, they transmit the shape of the current era in a maximum scale to the future by using the minimum amount of records. An archivist is responsible for two tasks, i.e., preserving a record and making other people to utilize the record by working with record. However, We, at The Korea Democracy Movement Archives(temp), have an additional task of contributing to the democratization movement in korea that has not ended by collecting, preserving and making people to utilize the fragments of memory in the recent history of Korea by establishing the Archives.

Review of 2015 Major Medical Decisions (2015년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Lee, Dong Pil;Lee, Jung Sun;Jeong, Hye Seung;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.299-346
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    • 2016
  • There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

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The Great Depression in High School Social Science Textbooks : Critiques and Suggestions (대공황에 대한 고등학교 사회과 교과서 서술의 문제점과 개선방안)

  • Kim, Duol
    • KDI Journal of Economic Policy
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    • v.30 no.1
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    • pp.171-209
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    • 2008
  • The Great Depression is one of the most important economic incidents in the twentieth century. A significant and long-lasting impact of this event is the rise of the government intervention to the economy. Under the catastrophic downturn of the economic condition worldwide, people required their government to play an active role for economic recovery, and this $mentalit{\acute{e}}$ prolonged even after the Second World War. Social science textbooks taught at Korean high schools mostly referred to the Great Depression for explaining the reason of government intervention in economy. However, the mainstream view commonly found in the textbooks provides a misleading theological interpretation. It argues that inherent flaws of the market economy causes over-production/under-consumption, and that this mismatch ends up with economic crisis. The chaotic situation was resolved by substitution of the governments for the market, and the New Deal was introduced as the monumental example ('laissez-faire economy ${\rightarrow}$over-production${\rightarrow}$the Great Depression${\rightarrow}$government intervention${\rightarrow}$economic recovery'). Based on economic historians' researches for past three decades, I argue that this mainstream view commits the fallacy of ex-post justification. Unlike what the mainstream view claims, the Great Depression was neither the result of the 'market failure', nor the recovery from the Great Depression but was due to successful government policies. For substantiating this claim, I suggest three points. First, blaming the weakness or instability of the market economy as the cause of the Great Depression is groundless. Unlike what the textbooks describe, the rise of the U.S. stock price during the 1920s cannot be said as a bubble, and there was no sign of under-consumption during the 1920s. On the contrary, a new consensus emerging from the 1980s among economic historians illustrates that the Great Depression was originated from 'the government failure' rather than from the 'market failure'. Policymakers of European countries tried to return to the gold standard regime before the First World War, but discrepancies between this policy and the reality made the world economy vulnerable. Second, the mainstream view identifies the New Deal as Keynesian interventionism and glorifies it for saving the U.S. economy from the crisis. However, this argument is not true. The New Deal was not Keynesian at all. What the U.S. government actually tried was not macroeconomic stabilization but price and quantity control. In addition, New Deal did not brought about economic recovery that people generally believe. Even after the New Deal, industrial production or employment level remained quite low until the late 1930s. Lastly, studies on individual New Deal policies show that they did not work as they were intended. For example, the National Industrial Recovery Act increased unemployment, and the Agricultural Adjustment Act expelled tenants from their land. Third, the mainstream view characterizes the economic order before the Great Depression as laissez-faire, and it tends to attribute all the vice during the Industrial Revolution era to the uncontrolled market economy. However, historical studies show that various economic and social problems of the Industrial Revolution period such as inequality problems, child labor, or environmental problems cannot be simply ascribed to the problems of the market economy. In conclusion, the remedy for all these problems in high school textbooks is not to use the Great Depression as an example showing the weakness of the market economy. The Great Depression should be introduced simply as a historical momentum that had initiated the growth of government intervention. This reform of high school textbooks is imperative for enhancing the right understanding of economy and history.

A Study of Establishing the Plan of Lodging for the Workers of Gaesung Industrial Complex (개성공단 근로자 기숙사 건립 계획 연구)

  • Choi, Sang-Hee;Kim, Doo-Hwan;Kim, Sang-Yeon;Choi, Eun-Hee
    • Land and Housing Review
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    • v.6 no.2
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    • pp.67-77
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    • 2015
  • Now that it is the current situation that the smooth supply and demand are necessary for 2nd phase of beginning construction and stable development of Gaesung Industrial Complex, this study was willing to offer the planning criteria and model to establish the lodging for the workers in Gaesung Industrial Complex based on the agreement that both South and North Korea agreed in 2007. Regarding the plan, its standard and the alternative were reviewed considering welfare of workers, economic efficiency, technical validity, possibility of agreement and long-term development. The exclusive area per capita was calculated through Labor Standards Act of Korea and status survey of lodging for the workers provided to border line area between China and North Korea and the economic alternative based on one room for 6 persons with the public restroom was compared with that of development type based on one room for 4 persons with indoor restroom. Especially regarding the proposed site, the area with the optimized position was set by considering gradient, accessibility and convenience of development out of the area of Dongchang-ri where was agreed already and the priority of the proposed site that can keep the existing building site and provide was offered. The necessary period for whole construction was set as approximately 36 months. Regarding construction method, RC Rahmen method was selected as the optimized alternative considering the workmanship of manpower of North Korea and conditions of supply and demand of materials and cluster-type vehicle allocation plan based on 4~6 units considering the efficiency of supplying service facilities and convenient facilities along the simultaneous accommodation of 15,000 people was offered. It was analyzed that total business expenses of approximately 80~100 billion Korean Won would required though there were the difference for each alternative in the charged rental way that the development business owner develops by lending the inter-Korea Cooperation Fund and withdraws the rent by the benefit principle. The possibility of withdrawing the rent was analyzed assuming that the period of withdrawing the investment is 30 years. Especially for the operation management after moving, the establishment of the committee of operating the lodging for the workers of Gaesung Industrial Complex (tentative name) was offered with the dualized governance that the constructor takes charge of operational management, collecting fees and management of infrastructure and human resource management is delegated to North Korea.