• Title/Summary/Keyword: Labour Law

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Discriminatory ability of cervical vertebral maturation stages in predicting attainment of the legal age threshold of 14 years: A pilot study using lateral cephalograms

  • Banda, Thirupathi Reddy;Komuravelli, Anil Kumar;Balla, Sudheer B.;Korrai, Bala Raju;Alluri, Kavya;Kondapaneni, Jayasurya;Abhyankar, Sourab
    • Imaging Science in Dentistry
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    • v.50 no.3
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    • pp.209-216
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    • 2020
  • Purpose: In India, the age of 14 years is the legal age threshold for child labour. Therefore, in suspected instances of child labour, age assessment plays a crucial role in determining whether a violation of the law on the employment of children has occurred. The aim of this retrospective cross-sectional study was to assess the discriminatory ability of stages of cervical vertebral maturation (CVM) in predicting the legal age threshold of 14 years. Materials and Methods: Routinely taken lateral cephalograms from 408 subjects aged 10 to 18 years were evaluated retrospectively using the CVM stages described by Baccetti et al. Descriptive statistics, accuracy, sensitivity, specificity, positive and negative predictive values, and likelihood ratios were calculated for stages 2, 3, and 4 of CVM. Results: Real age increased as the CVM stage gradually increased. The results of 2×2 contingency tables showed that CVM stage 4 produced an accuracy of 71% and 73%, a false positive rate of 7% and 18%, and a post-test probability of 59% and 68% for boys and girls, respectively. Conclusion: Based on these findings, it can be concluded that the stages of CVM are of limited use for predicting the attainment of the legal age threshold of 14 years. Future studies should investigate whether combinations of skeletal and dental methods could achieve better accuracy and post-test probability.

Development of the Agro-Industrial Complex for Improving the Economic Security of the State

  • Petrunenko, Iaroslav;Pohrishcuk, Borys;Abramova, Maryna;Vlasenko, Yurii;Halkin, Vasyl
    • International Journal of Computer Science & Network Security
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    • v.21 no.3
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    • pp.191-197
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    • 2021
  • Ensuring the economic security of agro-industrial complexes of Ukrainian regions has become a top-priority task of state regional policy, as their stable functioning is an essential element of economic security of the whole country. It is overcoming threats to the development of the agro-industrial complex that ensures its further effective functioning and has a significant impact on the economic security of our state. Methods: logical method; methods of system analysis; synthesis; economic and statistical method; method of expert assessment; SWOT analysis; economic and mathematical modelling and planning. Results. Characteristic features of economic security have been given. The essence and significance of the agro-industrial complex in improving the economic security of the state have been determined. It has been noted that in recent years, the agro-industrial complex, which acts as a driver of the domestic economy and has a direct impact on the development of the country, has been growing (in 2019 the cereal and legume harvest exceeded 75 million tons, 20,269 thousand tons of potatoes were dug, more than 15 million tons of sunflower, 9,688 thousand tons of vegetables and 2,119 thousand tons of fruits and berries were harvested, meat and egg production increased by 137.5 thousand tons (or 5.8%) and 545.5 million pieces (or 3.4%), respectively, the number of employed population in agriculture increased by 139.8 thousand people (or 4.9%), the labour productivity in crop production increased by UAH 294.4 thousand (or 44.6%), in livestock production - by UAH 311.3 thousand (or 61.8%)). Based on the system of production and economic indicators, the analysis of the state of the agro-industrial complex has been carried out. Taking into account the results of the obtained data and using SWOT-analysis, the major threats to the development of the agro-industrial complex have been identified. Ways of overcoming threats enhancing the economic security of Ukraine have been proposed.

A Comparative Study on the Population Change and the Aged in Korea and Japan (인구변화 및 노년인구에 관한 한국과 일본의 비교연구)

  • 조혜종
    • Journal of the Korean Geographical Society
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    • v.36 no.4
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    • pp.356-381
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    • 2001
  • This study has three objectives. One of them is to debate on the incompatible Neo-Malthusianism and Comucopianism, which give us a comparative gauge for analysis of the population elements in Korea and Japan. The other is to investigate how a variety of population elements are related to specific regions, Korea and Japan. And the last is to compare and analyze the residential preference pattems and the degree of care for the future life for the aged over 50 ages. Various elements in population show that Japan is of type superior to Korea, and that the gap between two countries is getting narrow every year. Wiber's migration expectancy is much higher in Kwangiu-si and Chollanam-do than in Hiroshima-ken. Burial customs in funeral ceremony has been vanished in Japan, but only 30 percents in Korea is crematory. This burial customs being much stiff existent in Korea, the effect of the population decrease caused by the death is reduced. A case study through questionnaire on the residential preference patterns for the aged over 50 years old shows that Japanese than Korean are more dependent on their sons and daughters, and ‘loneliness of solitary life’is the first reason in both countries. The degree of care for the future life is also remarkably higher in Japanese than in Korean. These are related in various ways to their ages, scholarships and local areas(si or gun). A general cognition in which the shortage of labour forces comes into existence in aged society is of misconception, because it comes from taking labour forces away from the aged, not from being old society. Even a minute population change is worth notice since the inertia law is also applied to the population phenomenon. Malthusinism hold fairly good even now, and the notion is very important in which population, resources and environmental problems are no longer personal or a regional matters, but the global family's issues.

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A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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Peculiarities of Education Quality Assurance in Lithuania

  • Ruzevicius, Juozas;Adomaitiene, Roma;Serafinas, Dalius;Daugviliene, Daiva
    • International Journal of Quality Innovation
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    • v.8 no.2
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    • pp.1-19
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    • 2007
  • Achievement of objectives of education and training is one of significant factors influencing quality of life. Higher education institutions use different work, teaching methods and tools; however they are inadequate in many cases. Today higher education institutions have problems concerning sustention and rise of certain level of education by giving the job for graduates, using of new technologies that help to present, manage, evaluate and control knowledge. The main objectives of quality management system (QMS) at higher education institutions are as follow: to assure continuous improvement of education quality; to demonstrate performance results and relevant facts to the interested parties (customers of college or university, social partners, administrative institutions) showing the abilities of education institution to prepare high qualification specialists that fully correspond to changing requirements of labour market. The QMS at education institutions should be designed as continuous process, considering that the quality of final product is the result achieved in primary processes. The process shall involve all interested parties. Parameters and indicators of education quality can help to analyze the efficiency and effectiveness of existing QMS. The results of quality audits should be also taken into account when designing and implementing QMS at organization. Literature review showed that for the assurance of education quality three different approaches prevail: total quality management (TQM); requirements of quality awards and assessment models; and QMS corresponding to the requirements of ISO 9001 standard. The case study of QMS design and implementation at Vilnius Law and Business College is presented in the paper. The peculiarities, difficulties and obstacles of QMS implementation in the higher educations institutions are analysed in more detail in this article.

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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The Criminal Liability of Physicians in the Case of Medical Accidents (의료사고에서의 형사책임 -원내감염사고의 해결을 향하여-)

  • Utsumi, Tomoko
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.3-40
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    • 2018
  • Conventionally, there were few cases in which a medical accident became a criminal case in Japan. However, after the serious malpractice such as the Yokohama City University Hospital case, prosecutors came to be less hesitant to prosecute a malpractice. In a medical accident, the attribution of the responsibilities among medical personnel becomes one important element of the proof of negligence. The Supreme Court concluded that, when the attribution of the responsibilities is not established among medical personnel to confirm the identity of the patient like the Yokohama City University Hospital case, all the personnel who were involved bear the responsibilities to identify the patient. For serious cases which requireut most carefulness fortreatment such as the Saitama Medical University Hospital case, not only the chief physician in charge of the case concerned but also the director of the branch at the university hospital bear the responsibilities to confirm the treatment policy of the case. After the acquittal of the Ohno Hospital case, the voice demanding more prudent prosecution of malpractices has become stronger than before. Meanwhile, Ministry of Health, Labour and Welfare introduced Medical Accidents Investigation System for the prevention of medical accident and, has reinforced the third party inspection of medical accidents.

The Effect of Age at School Entry on Long-term Educational Attainment in Korea (초등학교 취학나이가 대학진학에 미치는 영향)

  • Kim, Tae Hoon
    • Journal of Labour Economics
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    • v.34 no.1
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    • pp.1-32
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    • 2011
  • This paper explores the effect of relative age at elementary school entry, which is determined by birth date and school entrance law, on college entrance. First, I compare the college entrance rate between students born in January or February and those born in other months. Second, I estimate the effect of age at school entry on college entrance. Relatively older students at school entry are likely to have better educational outcomes during the first college entrance. However, these differences in educational outcomes seem to decrease the more that younger students repeat taking the college entrance exam.

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A Study on the Development and Reorganization of the Stow-Net Fishery in Korea (근해안강망어업의 발전과정 및 재편방향에 관한 연구)

  • 김대영;일본명
    • The Journal of Fisheries Business Administration
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    • v.27 no.2
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    • pp.65-82
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    • 1996
  • This study aims to investigate the development of the stow-net fishery operated in East China Sea and Yellow Sea and its role in the off-shore demersal fishery In Korea after 1980's. This paper also reorganization problems of this fishery under 200 mile exclusive economic zen system. Stow-net fishery which has an important role in offshore demersal fishery in terms of the fish production and supplies had attained an rapid growth since 1960's throughout advancement of the fishing technique, government support and enlargement of fish market. However, the production had come to a stagnant stage since 1980, and even reduced in 1990's by reason of competition from Chinese vessels which have been developing reapidly as well as other more productive demersal fishery such as trawl of Korea. Nevertheless, high fish price has maintained the business of this fishery. This fishery faces some difficulties such as limited resources, the plunge of fish price due to fish import freedom, and 200 mile EEZ settlement in those Seas among the related countries ratifying the United Nations Convention of the Law of the Sea in 1996. This paper discusses the reorganization problems of the stow-net fishery under the new situation. : (1)to lighten a damage to the fishery to keep the fishing ground and to restrict the entry of competitive fisheries, (2)to reduce the fishing effort by the governmental support, (3)to introduce new fishing methods, (4)to employ foreigner as a cheep labour, (5)to rise fish price throughout more freshness of fishes.

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The Impact of Collective Bargaining on the Income of Employees: An Empirical Study in Vietnam

  • DO, Thi Tuoi;PHAM, Thi Huyen Sang
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.5
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    • pp.873-884
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    • 2021
  • People are often motivated by money. The salary a worker is paid by his employer can have a great influence on his performance in the administration. The study aims to identify and measure the impact of collective bargaining on the income of employees in enterprises. Participants were given a questionnaire consisting of 21 observation variables with a 5-point Likert scale. Independent variables were measured from 1 "without effect" to 5 "strongly". Based on the literature review and results of interviews, a total of 285 questionnaires were sent to participants in 95 enterprises in three typical fields: industry, construction, textile, and garment; 255 of them met the standards and were subject to be analyzed. We use qualitative research methods combined with quantitative research methods. SPSS20 software is used to synthesize and analyze data. The results of Cronbach's alpha, Exploratory Factor Analysis (EFA) and Multiple Regression Analysis (MRA) identify, the objective for collective bargaining (MT), time to organize collective bargaining (TD), the competence of the parties of the collective bargaining (NL), collective bargaining organization process (QT) are positively correlated with the income of workers in enterprises; information provided for collective bargaining (TT) has a negative correlation with the income of employees in enterprises. Based on the findings, some suggestions have been given for collective bargaining to increase the income of employees in enterprises in Vietnam.