• Title/Summary/Keyword: Labour Law

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A Historical Study on the Development of the Maritime Labour Law (해상노동법의 발전에 관한 사적연구)

  • Ji Sang-Won
    • Journal of Navigation and Port Research
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    • v.29 no.3 s.99
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    • pp.227-234
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    • 2005
  • It is said the maritime labour law that total legislation system regulate all relationship concerning a labour of seafarers. A possibility of danger, a helplessness from the shore, a importance of the responsibility, a segregation from the public, etc. is mentioned as the particularity of a maritime labour which is distinguished from that of a shore labour. Therefore, the improvement of social standing and protection of rights for seafarers may be achieved substantially by the maritime labour standards considering such particularity of maritime labour. A vessel is itself international relationship, accordingly maritime labour is also same. It means that international relationship should be considered, whenever any country makes it's national law for maritime labour. Therefore, this paper aims to find out the spirit of legislation for the maritime labour law through a historical study on the development of it, and suggest the facts that should be considered for legislation of domestic law concerned.

Revisioned Labour Law and Labour Management Strategy in Hospital (개정노동법과 종합병원의 노무관리전략)

  • Moon, Young-Jeon;Shon, Tae-Yong
    • Korea Journal of Hospital Management
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    • v.15 no.4
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    • pp.191-222
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    • 2010
  • Revisioned labour law was confirmed by vote of National Assembly on 1st January 2010. Under revisions labour law the necessity was expressed to reconstruct and change the relationship between labour and management in hospital. This study was described to investigate the operational statement of labour union in general hospital and to investigate how the labour policy would be change and which form would be appear in labour union in hospital. The survey results which was operated targeting labour managers in hospital were as follows ; first, in the possibility of plural labour unions establishment, university hospital labour managers forecasted the possibility as high. but non-university hospital labour managers forecasted the possibility as low. second, even though the plural union labours would be established in hospitals there would be no difficulties in collective bargaining between labour and management. third, the labour union activities would not be shrink even though there would be wage pay prohibition for the full-time union laboures. As the wage pay prohibition acted on the full-time union labours, countermeasures are required as follows; first, there is a possibility that there will be diversity in the form of full-time union labours. It is need to make the criterion of hospital about the limit of full-time labour union members. It is need to make the criterion of labour activities of non-working hour exception. It is need to cope with the diverse demands of labour union which aim to solve the financial burdens. As the plural labour unions are permitted it is need to make countermeasures as follows ; To analyze whether there is a possibility by the establishment of new labour to be plural labour unions. To establish the countermeasures in short-term aspect to make the countermeasures to cope with the establishment of plural labour unions. In long-term aspect to establish labour and management strategies. Henceforth, found on the revisions labour law, it is need to provide in hospitals as follows; first, it is need to prepare labour management policies and substitutes which suitable for plural labour union period. Second, it is need to determine concretely on the related matters of the union labours and to develop the conclusion guidelines which preparing infective criteria. Third, to examine the effects on the hospital organization by organizational forms of labour union which is weak in financial aspect.

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The Duty to Avert or Minimise a Loss in Marine Cargo Insurance (해상적하보험에 있어서 손해방지의무의 문제점에 관한 고찰)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.173-199
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    • 2005
  • The MIA 1906, s.78(4) provides that it is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss. In many cases the statutory duty will be unimportant, since rights, duties and liabilities declared by the Act or implied into marine insurance contracts by law may be modified by agreement, and many contracts contains a sue and labour clause which effectively reproduces and/or to modifies the statutory duty. The effect of such contractual provisions will, of course, be a matter of construction, though modern sue and labour clauses tend to reflect the principles contains in section 78. However, it must not be assumed that the terms of all contractual sue and labour clauses are, or will remain, identical, either with each other or with the statutory duty. The purpose of this study is to clarify the ambit of sue and labour.

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THE GOVERNANCE OF RETIREMENT FUNDS IN MEMBERS RIGHTS AND TRUSTEES DUTIES IN SOUTH AFRICA: A LESSON LEARNT FROM USA, UK AND MALAWI

  • Nevondwe, Lufuno;Odeku, Kola;Matotoka, Mothlatlego
    • East Asian Journal of Business Economics (EAJBE)
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    • v.1 no.3
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    • pp.55-70
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    • 2013
  • Purpose: The article looks at the member' rights and trustees duties and determines where should the emphasis be as it often happens that these two aspects often clash. Research Design, Data and Methodology: It is determined in this article whether the trustees owe fiduciary duties to both the fund and members and further determines whether the trustees should advance the interests of the members. Results: The article further looks at the governance of the retirement funds and argues that the proper governance of these funds protects the interest of the members. The duty to disclosure of information to members is of paramount importance to ensure that members are able to make well informed decisions. Conclusion: The article considers the issues of disclosure of information from other countries, United Kingdom, United States and Malawi. It is argued in this article that trustees must be persons who are trustworthy and have the best interest of the members at heart and must therefore familiarize themselves with the laws that regulate their duties.

A Study on the Social Security for Seafarers of Maritime Labour Convention, 2006 (2006년 해사노동협약상 선원 사회보장에 관한 연구)

  • Ji, Sang-Won
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.43-45
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    • 2007
  • The International Labour Organization adopted the Maritime Labour Convention, 2006 on 23 February 2006. This convention contains the regulation about social security for seafarers in the Tittle 4. For the purpose of ratifying this Convention in our country, it is necessary to examine the domestic law and regulation concerned whether it fulfills or not the required conditions of the Convention Therefore, this paper aims to find the difference between the domestic law and the convention, also suggest the way to solve the problems.

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A Study on the Maritime Labour Convention, 2006 (2006년 해사노동협약에 관한 연구)

  • Lee, Young-Sun
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.153-157
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    • 2006
  • The General Conference of International Labour Organization adopted the Maritime Labour Convention on 23 February 2006 in Geneva, Swiss and it is. composed of four structures of Preamble and Articles, Regulations, Code A and Code B. According, in the preparation of future enforcement, amendments to the Seamen Act, etc. and relevant regulations are needed and regarding issue of the Maritime Labour Certificate and preparation of The Declaration of Labour Compliance, relevant law and regulation for Recognized Organization and training for related persons, etc. should be established.

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THE POLITICS OF SOCIAL SECURITY AND RETIREMENT REFORMS AND RETIREMENT SAVINGS CULTURE IN SOUTH AFRICA

  • Nevondwe, Lufuno;Odeku, Kola;Matotoka, Mothlatlego
    • East Asian Journal of Business Economics (EAJBE)
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    • v.1 no.3
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    • pp.71-84
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    • 2013
  • Purpose: The South African government is determined in alleviating poverty while encouraging job creation and protecting the disposable incomes of poor households. This article looks at the challenges that are facing the South African Social Security system and argues that the provision of income security is amongst the most practical expressions of a nation's cohesion and values. Research Design, Data and Methodology: There are seven proposals in the Social Security and Retirement Reform and these proposals are based on the following two principal objectives of the government, that is, to ensure a basic standard of living and to prevent destitution in old age or in circumstances of unemployment or incapacity partly or wholly through redistributive measures, and to encourage savings to provide for the replacement of income on retirement, disablement or death through long-term insurance arrangements. Results: This article evaluates these seven proposals, state old age pension, wage subsidy, mandatory participation in a national social security system for all, mandatory participation in private occupational or individual retirement funds, Voluntary additional contributions to occupational or individual retirement funds, reform of the governance and regulation of the retirement funding industry and reform of the tax system. Conclusion: This article concludes that the population size of South Africa has increased significantly to 51, 8 million in 2011 and therefore the time is right for bold new steps in improving income security of the poor and strengthening the fabric of social solidarity that binds all South Africans together.

A Study on Piracy and the Liability of the Insurer based on Somali Pirates (소말리아 해적사건을 통한 해적행위와 해상보험자의 책임에 관한 연구)

  • Choi, Byoung Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.59
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    • pp.113-135
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    • 2013
  • Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

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The polarization of labour market and social integration - social integrative law & institutions and labour market policy (노동시장양극화와 사회통합방안 - 사회통합적 법·제도와 노동시장정책을 중심으로)

  • Lee, Ho-Geun
    • 한국사회정책
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    • v.20 no.2
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    • pp.261-304
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    • 2013
  • This article is aiming intensively to analyze the polarizing tendency of labour market and social integration. The polarization of labour market is being regarded as one of the hottest issues not less important than those problems of economic growth, employment, income distribution and national security etc. in the national policy. In this article, we will first follow up the important phenomena of labour market polarization and the background as well as its consequence. Especially, it asks if the present labour policy in the new government which is now being concentrated on the improvement of employment rate(from the present 63% to the 70% in the future) could deserve to diminish the polarization of labour market in korea. At one side, this article makes the special attention on the diversifying tendency of labour market and the various phenomena of fragmentation and segmentation in the labour market according to the forms and types of employment and according to the employee's status as much as the company's size. At the other side, it emphasizes that to overcome the polarization of labour market should require the wide reform from the legal measure to the improvement of the wage system, and the qualification system and the social investment as well as the human resource development. Furthermore, this article stresses the importance of integrative approach between the active market policy and the social policy instead of choosing each policy option, seperatively.

Study on the families' participation need for labour women (산부가족의 분만참여 요구)

  • Chang, Soon-Book;Choi, Yun-Soon;Kim, Hae-Sook;Cho, Young-Sook;Lee, Hae-Woo
    • The Korean Nurse
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    • v.31 no.3
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    • pp.62-75
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    • 1992
  • This study was done to suggest basic modifications in the present situation for the family of women in labour which is a separation management method. The study design was a descriptive study. The number of the subjects were 80. they were husbands, mothers in law, and mothers of women in labour who were full term and for whom there were no complications, either for the mother or the fetus. Data collection was done with a structured questionnaire which was analyzed using frequencies. The results were as follows, 1. Most of the subjects(95.0%) wanted to participate in the labour process. 2. The subjects wanted to support the women in labour by way of encouraging(95.0%), consoling (95.0%), listening to(75.0%), praying with(68.8%), hand holding(97.5%), stroking(63.8%), helping with respiration control(50.0%), maintaining relaxation(46.3%), changing position(58.8%), and illustration (58.8 %). 3. The subjects answered that they expected their participation to have the effect of an easier labour course(52.5%), security for the women in labour(95.0%), and providing a better relationship between the women in labour(66.3%) and the new baby(55.0%). 4. The priority of the response as to who is the best supporter was husband, and mother of the women in labour in that order. It can be concluded that nurses maintained a management method which ignored the needs of the families of women in labour. If given consideration is to be given to these subjects, future programs should initiate ways to let the families participate in the labour process.

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