• Title/Summary/Keyword: Labor contract

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Improvement Plan of the Relevant Law to Protect Professional Support and Rights of Artists (예술인의 직업적 지원과 권리보호를 위한 관련법의 개선방안)

  • Noh, Jae-Chul;Kim, Kyung-Jin
    • The Journal of the Korea Contents Association
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    • v.18 no.8
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    • pp.483-493
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    • 2018
  • Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

Law and Economics in Labor Contracting (노동계약에 관한 법경제학적 분석:한국의 해고판례를 중심으로)

  • Kim, Iljoong;Cho, Joonmo
    • Journal of Labour Economics
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    • v.23 no.2
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    • pp.1-37
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    • 2000
  • Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

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Analysis of the Structural Changes in Household Debt Distributions by Householder Age in Korea and in the US

  • KIM, JISEOB
    • KDI Journal of Economic Policy
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    • v.37 no.4
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    • pp.21-54
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    • 2015
  • This paper analyzes how and why household debt distribution by the householder age has changed over the past decade both in Korea and the US. Data shows that the proportion of household debt held by younger households has decreased, while that held by older households has increased. Empirical analysis shows that a change in the demographic distribution of householders is the main driving force that has shifted the household debt distribution. Given that demographic aging is an inevitable trend, the proportion of household debt held by older households is also expected to increase. Therefore, the Korean government must preemptively prepare for the household debt problem, especially for debt held by older households, by strengthening macro-prudential policies, preventing asset price deflation, restructuring household debt contract structures, and reforming labor market inflexibility.

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Development of a Simulation Model for the Productivity Analysis of Form Work in Multi-Family Housing Construction projects (공동주택 거푸집 공사의 생산성 분석을 위한 시뮬레이션 모델 개발)

  • Kang, Dong-Wan;Moon, Hyun-Seok;Hyun, Chang-Taek
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2009.11a
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    • pp.193-198
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    • 2009
  • It is an important issue in cost management to contract with the standard of cost estimate by the reasonable way in public construction projects. For the standard of cost estimate based on the Standard Estimating System, there is a difference of labor inputs between Standard Estimating System and actual quantities in construction projects. The duration of form work in multi-family housing depends on the manpower compared with other work, which is the critical path on the schedule management to be decided quality, and is the important to the cost management of construction projects. This study presented a simulation model of the productivity analysis for selecting the standard work type of form work in Multi-family housing construction projects.

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The Effect of the Converted Accident Ratio on the PQ Process of Construction (환산재해율이 건설업 PQ심사에 미치는 영향)

  • Lee, Myeong-Gu;Jeong, Myeong-Jin;Kim, Kyu-Dong;Choi, Eun-Jin;Park, Seung-Kook
    • Journal of the Korean Society of Safety
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    • v.23 no.6
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    • pp.138-143
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    • 2008
  • The purpose of this study is to verify the effect of the converted accident ratio on the contract of construction work. For doing the objective, this research analyzed the bid system and the converted accident ratio computation system in force. Additionally, we estimated what risk grades influence a successful bid of constuctin work. As a result of this study, we have recognized that the converted accident ratio scarcely has an effect on PQ process.

Rapidly Spreading Logistics Robot Applications (급속 확산되는 물류현장의 로봇적용 사례)

  • Kwak, Kyungmin;Park, Buhm;Go, Eunji;Yoon, Chuljoo;Kim, Kyunghoon
    • The Journal of Korea Robotics Society
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    • v.17 no.4
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    • pp.387-396
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    • 2022
  • Logistics industry still heavily relies on human labor in many field processes. However, robot applications in logistics are rapidly increasing, encouraged by technological progresses in robotics and cheaper robot solutions from competition between robot suppliers. Effectiveness of logistics automation are higher productivity for cost reduction and increased process capabilities for better profit, which is witnessed in many fields of logistics industry. In this paper, differences in logistics services - contract logistics, parcel, and fulfillment - are addressed, and characteristics and issues in application of various kinds of logistics robots such as AGV, AMR, ASRS, box/piece handling robots and robotic wearable devices are discussed. The advantages from flexibility and scalability of logistics automation by robots will benefit the future logistics business.

Old Age Workers' Labor Market: A Model for Understanding Its Structure and Policy Implication (고령자 임금노동시장의 구조와 정책적 시사)

  • Hur, Jai-Joon
    • Korea journal of population studies
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    • v.21 no.2
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    • pp.58-82
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    • 1998
  • It is usually proposed that job security of old age workers is hampered by the structure of wage increasing with age. This paper sets forth a model to comprehend the characteristic of the old age workers' labor market and policy implications derived from it. In order to stimulate demand for old age workers, policy initiatives should be taken as follows : the wage criteria should be simplified which apply differently from one institution to other; incentives relatively favorable for employing old age workers' in manufacturing sector should be also given to service sectors; employment subsidy or other tax incentives should be given for labor contract after the retirement age; licensing and evaluation system for job ability should be introduced based on occupation & job analysis. To lower the reservation wage of workers, mortgage loan for house and long-term low interest loan for tuition fees should be developed together with stabilization of housing cost. Wedding culture which requires high expense should be amended. Above all, it is necessary to install reasonable social security system. Policy orientation should also pay attention to reduce labor supply of the old aged via aiding old age workers' firm opening and voluntary civil service together with developing various honor programs for members of civil corps.

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A Study on the Improvement of Response System through the Case of Heavy Rain Disaster Response (폭우재난 대응 사례를 통한 대응체계 개선방안 연구)

  • Woo Sub Shim;Sang Beam Kim
    • Journal of the Society of Disaster Information
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    • v.19 no.3
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    • pp.597-607
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    • 2023
  • Purpose: The Ministry of Employment and Labor has been working hard to ensure the safety of workers due to heavy rain during natural disasters as the responsible ministry in charge of preventing industrial accidents and health problems for workers. Accordingly, the Ministry of Employment and Labor intends to analyze actual cases of responding to heavy rain disasters and suggest ways to improve the response system. Method: An emergency response system implemented to respond to heavy rain disasters with an internal expert group composed of those in charge of disaster work at headquarters, local government offices, and Korea Occupational Safety and Health Agency, and an external expert group composed of professors, consulting representatives, and disaster managers from other ministries. Contents on self-inspection by industry, workplace inspection, use of serious siren, safety management and restoration work guidance were reviewed. Result: First of all, it is necessary to check the regular contact system from time to time, and it is also necessary to prepare and distribute detailed self-checklists for each industry. In addition, it is necessary to check the implementation of self-inspection when inspecting workplaces, and it seems necessary to have measures to increase the readability of information notified through serious disaster sirens. In addition, since safety work is done in the form of a contract, it seems necessary to prepare specific safety guidelines. Conclusion: In order to protect the lives of workers due to seasonal harm and risk factors, unlike the passive coping methods of the past, abnormal weather should not be regarded as an unexpected situation, and it should be actively and preemptively responding beyond the conventional framework.

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

  • Kwon, Yong-man;Seo, Ei-seok
    • Journal of Venture Innovation
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    • v.4 no.2
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    • pp.97-108
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    • 2021
  • Labor contracts appear in form as an exchange relationship between labor products and wages, but since they transcend the level of simple barter, they can be economically identified as "trading" and can be identified as "rental." From a legal point of view, a legal device that legally supports and imposes binding force on commodity exchange relations is a contract. Such a labor contract led to a relationship in which wages were received and a certain amount of time was placed under the direction and supervision of the employer as a counter benefit to the receipt of wages. Since working hours are subordinate hours with one's labor under the disposition authority of the employer, long hours of work can be done for the health and safety of workers and furthermore, it can be an act that violates the value to enjoy as a human being. The reduction of working hours needs to be shortened in terms of productivity and enjoyment of workers' culture so that they can expand and reproduce, but users' corporate management labor and production activities should also be compatible compared to those pursued by capitalist countries. Working hours can be seen as individual time and time in society as a whole, and long hours of work at the individual level are reduced, which is undesirable at the individual level, but an increase in products due to an increase in production time at the social level can help social development. It is necessary to consider working hours in terms of finding the balance between these individual and social levels. If the regulation method of working hours was to regulate the total amount of working hours, flexibility and elasticity of working hours are a qualitative regulation method that allows companies to flexibly allocate and organize working hours within a certain range of up to 52 hours per week. Accordingly, it is necessary to shorten working hours, but expand and implement the flexible working hours system according to the situation of the company. To this end, it is necessary to flexibly operate the flexible working hours system, which is currently limited to six months, handle the selective working hours by agreement between employers and workers, and expand the target work of discretionary working hours according to the development of information and communication technology and new types based on the 4th industrial revolution.

The Place Where the Cabin or Flight Crew of International Air Carrier Habitually Carries Out his/her Work - CJEU, 2017. 9. 14., C-168/16, C-169/16 - Sandra Nogueira and Others v. Crewlink Ltd Miguel José Moreno Osacar v. Ryanair (국제항공운송 승무원의 일상적 노무제공지)

  • Kwon, Chang-Young;Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.39-77
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    • 2019
  • Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.