• Title/Summary/Keyword: Ministry of employment and labor

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A Study on Legal Limits of Occupational Safety & Health Law and Application of Private Standards (산업안전보건법의 한계와 민간기준의 활용에 관한 연구)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.2
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    • pp.103-112
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    • 2014
  • Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on "Corporate Manslaughter and Corporate Homicide Act 2007" (사망재해 발생 기업에 대한 형사책임 강화 - 영국의 '법인 과실치사법'을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.4
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    • pp.374-383
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    • 2013
  • Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

Vulnerability Index for Workplace Spot Inspection (취약지수를 이용한 사업장 근로감독과 지방노동관서 평가)

  • Kim, Sung Tai;Park, Wonju;Jeon, Yongil
    • Journal of Labour Economics
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    • v.34 no.3
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    • pp.29-58
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    • 2011
  • Using careful background research and methodology, we proposed a revised sectoral index of vulnerability that is directly applied to two central labor examples: working hours and minimum wages. The valued calculated by each specific index represent the degree of weakness in corresponding conditions at the level of workplace units. Our proposed vulnerability index promises to be applicable to all business units under labor spot inspection. Also, it can be easily updated as the business environment evolves. The index is useful in selecting certain groups of business units and in evaluating the effectiveness of each regional government office.

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A Study on Legislation Background and Application of the General Duty Clause of the Occupational Safety and Health Act in U.S. (미국 산업안전보건법에서 일반의무조항의 제정배경과 운용에 관한 연구)

  • Jung, Jinwoo
    • Journal of the Korean Society of Safety
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    • v.30 no.1
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    • pp.119-126
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    • 2015
  • The primary purpose of the general duty clause is to offer an extra measure of protection to employees in the workplace. Most standards implemented under OSHA are targeted at a specific hazard. The general duty clause, however allows inspectors to cite employers for exposing its employees to a recognized hazard that has not been specifically addressed in the regulations. Congress intended the general duty clause to be a limited means of advancing the purposes of the OSHAct. But OSHA has not always regarded the general duty clause as the limited means for protecting the safety and health of employees that Congress intented. OSHA attempted to expand the scope of the general duty clause, at times improperly, to make it a more flexible enforcement tool. OSHA's interpretation of each of the restrictions on the scope of the clause has changed over the years. In recent years the general duty clause has been utilized as a sometimes controversial mechanism for enforcement of safety guidelines that have not yet been specifically addressed by statute or regulation. The most notable example of this was application of the general duty clause to ergonomic hazards.

Exposure Assessment of Tile Manufacturing Workers to Crystalline Silica (타일 제조 작업자의 결정형 유리규산 노출평가 사례)

  • Won-Seok Cha;Eun-Young Kim;Dae-Ho Kim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.3
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    • pp.291-297
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    • 2023
  • Objectives: An epidemiological investigation was requested for a worker who developed COPD and IPF after long-term molding and firing at a domestic tile manufacturing site. We would like to share the results of the exposure assessment and the estimation of past work. Methods: The content of crystalline silica in four raw materials was analyzed, and the respirable fraction of crystalline silica and dust generated in the air from molding and firing workers and other processes were measured. The measurement and analysis method referred to the NIOSH method. Results: The crystalline silica content of the raw material was 24~47%. The concentration of crystalline silica in the molding and firing process workers and the surrounding area was at the level of the exposure standards set by the Ministry of Employment and Labor and ACGIH, and the respirable and total dust exposure levels were generally low. The crystalline silica concentration of the area samples measured to estimate past work was about twice as high as the exposure standard of the Ministry of Employment and Labor (0.05 mg/m3), and the exposure levels of respirable dust were also quite high at 0.903 and 1.332 mg/m3. Conclusions: It was confirmed that tile molding and firing workers are currently exposed to a fairly high level of crystalline silica, and a high level is also confirmed in area samples to estimate past work. In the past, it is judged that the level of exposure would have been much higher due to differences in production volume, working method, presence/absence of local ventilation facilities, and process layout. When working in such a working environment for a long time, respiratory diseases such as lung cancer, COPD, and IPF can occur.

Cost-Benefit Analysis on the Economic Effectiveness of Safety and Health Ledger (비용편익분석을 통한 안전보건대장의 경제적 효과성 분석)

  • Lim, Se-Jong;Won, Jeong-Hun;Shin, Seung-Hyeon;Seo, Jae-Min
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.5
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    • pp.409-420
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    • 2021
  • The safety and health ledger system, which gives the responsibility of safety and health management for construction site workers to the construction project owner, was introduced as part of the overall revision of the Occupational Safety and Health Act. There is a need to explain the system's effectiveness in terms of economic feasibility to solve the execution problem of the system caused by low awareness and implementation rate. In this study, the economic effect of implementing the safety and health ledger system was analyzed using cost-benefit analysis based on the data discussed at the time of the introduction of the system. Results show that creating and managing the design safety and health ledger caused additional costs in implementing the system. As a result of comparing the cost of preparation and the direct and indirect benefits caused by the reduction of industrial accidents, the benefits were evaluated higher than the costs. Thus, it is thought that the safety and health ledger system reduces construction work accidents and generates economic effects.

Improvement Plan for Material Safety Data Sheet Policy to Support the Realization of Chemical Regulation (화학물질 규제 현실화를 위한 물질안전보건자료 정책 개선방안)

  • Woo Sub Shim;Yoo Jin Ahn
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.3
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    • pp.365-374
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    • 2023
  • Objectives: After the MSDS submission and non-disclosure review system was introduced in January 2021, there were compliance difficulties in the field. Accordingly, for the establishment of the MSDS system, the government intends to investigate what has been improved and what urgently needs to be improved in the future, and to suggest detailed improvement plans. Methods: The background and problems of urgent difficulties in the field handling chemicals were investigated, and realistic improvement plans were derived through review of other laws related to the MSDS system and overseas cases. Results: In order to guarantee the safety of the public while at the same time promoting corporate R&D, it is necessary to alleviate the non-disclosure screening system for chemical substances for R&D, and to improve the irrationality of failing to implement the non-disclosure screening system due to information on unclassified substances being circulated. For this reason, it seems necessary to ease the requirement to submit all ingredients. In addition, it is necessary to strengthen punishment to raise awareness so that health problems do not occur due to the harmfulness and danger of hidden substances among workers who handle chemical substances and downstream users due to false descriptions in MSDS. Conclusions: All members of our society, including chemical manufacturers/importers and handling companies, academia, civil society, and the government, each subject of chemicals, should take an interest in the entire process from production to disposal of chemicals and work together to prevent harm to the public.

Analysis of the Necessity of Introducing the Obligation to Take Safety and Health Measures for Construction Orderers using Multivariate Analysis (다변량 분석을 이용한 건설업 발주자의 안전보건조치 의무 도입 필요성 분석)

  • Lim, Se Jong;Seo, Jae Min;Won, Jeong-Hun;Kim, Chang-Won
    • Journal of the Korean Society of Safety
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    • v.37 no.1
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    • pp.20-29
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    • 2022
  • To stem the ever-prevalent occurrence of industrial accidents in the construction industry, which is emerging as a social problem, efforts must be invested by various stakeholders. Specifically, among stakeholders, the orderer is at the top of a project's decision-making structure. Therefore, the orderer's awareness of safety and health directly affects the process of securing the safety of the overall construction site. In this light, the present study aims to identify differences in the perceptions of each stakeholder regarding the obligatory safety and health measures for clients that have recently been introduced. In addition, it suggests specific implementation plans in the Korean context. The data used for analysis were collected through a survey targeting stakeholders such as orderers, safety managers, and site managers, and the collected data were quantitatively reviewed by using multivariate analysis methods such as analysis of variance. As a result of the analysis, the introduction of safety and health obligations for the owner was found to be necessary, and the designation and operation of safety and health experts as an action plan was deemed reasonable. The authors expect that the results of this study can be used as basic data for revising the related regulations in Korea. Moreover, as a further study, a review of the effectiveness after improving regulations would contribute strongly to the domain.

Analysis of Vocational Training Needs Using Big Data Technique (빅데이터 기법을 활용한 직업훈련 요구분석)

  • Sung, Bo-Kyoung;You, Yen-Yoo
    • Journal of the Korea Convergence Society
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    • v.9 no.5
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    • pp.21-26
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    • 2018
  • In this study, HRD-NET (http://hrd.go.kr), a vocational and training integrated computer network operated by the Ministry of Employment and Labor, is used to confirm whether job training information required by job seekers is being provided smoothly The question bulletin board was extracted using 'R' program which is optimized for big data technique. Therefore, the effectiveness, appropriateness, visualization, frequency analysis and association analysis of the vocational training system were conducted through this, The results of the study are as follows. First, the issue of vocational training card, video viewing, certificate issue, registration error, Second, management and processing procedures of learning cards for tomorrow 's learning cards are complicated and difficult. In addition, it was analyzed that the training cost system and the refund structure differentiated according to the training occupation, the process, and the training institution in the course of the training. Based on this paper, we will study not only the training system of the Ministry of Employment and Labor but also the improvement of the various training computer system of the government department through the analysis of big data.

Creative Trident Approach to Measuring the Creative Employment in Korea (창의 트라이던트를 활용한 국내 창의인력 산출에 관한 연구)

  • Lim, Jiyoung
    • Review of Culture and Economy
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    • v.20 no.2
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    • pp.47-88
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    • 2017
  • Creative industries and creative occupations have been attracting issues in recent years, in both policy and academic fields. Although no literature has yet made all-embracing definitions of creative sectors, it is important to measure creative workers who are contributing to the national economy. Since 2000, many countries including UK, France, Germany, Finland, Hongkong, US, Canada, etc. have tried to develop more refined mapping methodologies for measuring the creative economy. However we are lack of deep scrutiny in the criteria select which sector is creative or not, as well as in existing methodologies for measuring creative employment. This paper presents a creative mapping methodology, called 'Creative Trident' and criteria that can be applied to measuring the scale of creative employment in Korea. Using annual labor data from Statistics Korea and Ministry of Employment and Labor, this research found that creative employment in Korea amounts to 40,922 and 6.65% of total employment. Also the research found that there are many workers who are creatively occupied outside the creative industries, called embedded creative workers which are 248,445 and 33.5% of total creative employment. That means embedded workers take some large portion of all creative workers and are dispersed across all the sectors of the economy. The research demonstrates that creative trident can be useful to estimate the true size of creative employment in Korean and finishes with some academical and practical implications.