• The Korean Journal of Applied Statistics
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• v.28 no.4
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• pp.781-805
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• 2015

The National Welfare Pension Act of 1973 and the National Pension Act of 1986 were legislated for an anticipative response to future population ageing. But the enforcement of these acts gained momentum as they became effective tools to realize the present potential demographic bonus. This article investigates the history related to the enactment of these two acts, focusing on these acts' role in raising funds managed by the government (National Investment Fund and National Housing Fund). This article shows the historical origin of full-dress debates on the sustainability of the National Pension Fund.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.1
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• pp.116-127
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• 2013

Korea, like most of other countries, is enforcing the national pension as social insurance which is a kind of the income policy. Despite the fundamental limitation on public pension or the imperfect policy, the guarantee of the minimum living standard for maintaining dignity of human being is not being reached for the standard. Poverty rate of the elderly in Korea is the first among the OECD countries and public pension dead zone is very large. The elderly low income class could become a serious social problem if low fertility and aging keep getting worse. In this study, I will analyze the present condition of the retirement security for the elderly in South Korea. Also, I will look into the present situation of old-age income security and determine problems, and propose the improvement devices for related laws.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.233-242
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• 2020

We posit that employee ownership through defined contribution (DC) plans results in managerial entrenchment, and then examine the effect of the enactment of the Pension Protection Act of 2006 on the relation between the employee ownership and firm performance. By conducting Ordinary Least Square regression with the data from Form 5500 over the period of 1999-2014, we find that firms with large employee ownership increase their firm value measured by Tobin's Q after the adoption of the Act. These findings suggest that the adoption of the Act has been effective to mitigate the negative effect of managerial entrenchment by decreasing the employee ownership and reinforcing the fiduciary duty of plan trustees. Given the fact that we test the effects of the diversification rule on employee ownership using firm performance, further research could aim to examine the effects of the rule on employee ownership using stock return or market reaction.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.401-405
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• 2023

From a phenomenological perspective on military human resources to carry out the government's "Defense Vision 2050" project, this study presents the direction of revision of the military pension along with the age and continuous retirement age system under Article 8 of the Military Personnel Act and the promotion criteria under Article 33 of the Enforcement Decree of the Military Act. The Military Personnel Act and the Enforcement Decree of the Military Personnel Act, which was created 60 years ago, are contrary to the equity of the current situation in 2022, and the conflicts continue to be drawn in terms of internal and external aspects of military human resources carrying out the "Defense Vision 2050" project, which is the keynote of the government's policy. In addition, this is linked to the national financial burden of military pension finances. Therefore, this study began with the need to revise the Military Personnel Act so that excellent human resources can continue to be introduced into a military system and perform stable duties through retirement age guarantee systems rather than class retirement.

• The Korean Journal of Health Service Management
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• v.11 no.4
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• pp.225-237
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• 2017

Objectives : This study reviews the feasibility of Reciprocal Health Care Agreements (RHCA) between South Korea and Australia. Methods : A literature review was conducted using government reports and media articles. Results : In Australia, the Health Insurance Act enables health care agreements with other nations, but Korea has no similar legislation in place. Therefore, Korea must build a broader consensus on the need for RHCA, based on the precedent of Australia's RHCA with 11 nations, as well as on the Korean Pension Act, which has made reciprocal pension agreements with 28 nations through an exceptive clause. The active government involvement of the Ministry of Health and the Department of Foreign Affairs and Trade in Australia, and the Ministry of Health & Welfare and Ministry of Foreign Affairs in Korea, are essential for a successful RHCA process. Conclusions : RHCA between Australia and Korea would constitute a significant step forward in strengthening people-to-people links between these two trading partners in the spirit of health diplomacy.

• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• The Journal of the Convergence on Culture Technology
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• v.8 no.1
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• pp.85-92
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• 2022

In order to identify the factors and problems in which military sexual violence is a continuous and repeated blind spot, this study conducted a content analysis focusing on articles of military sexual violence incidents covered in Internet news from January 2010 to June 15, 2021. carried out. As a result of the study, structurally unequal power relations, authoritarian and closed military organizational culture, internal military response system that is distrustful of passive responses to sexual violence, and enveloping family-friendly investigations and tolerant punishment of perpetrators are blind spots despite the Ministry of National Defense's efforts to improve. factors that exist. Underlying this, the compensatory spirit caused by the conscription system and the negative effects of the patriarchal system are embodied in the national sentiment, suggesting that the sense of crisis of division and an overly permissive attitude toward the military act as a factor that slows change. As an improvement plan according to the results, it is necessary to entail the establishment of a civilian-centered judicial institution, strong punishment of perpetrators, and limited pension payment, as well as honorable punishment such as 'class demotion' in the military culture with a clear hierarchical relationship. Taken together, we can see that most military sexual violence is caused by a hierarchy, and it strongly suggests that the main cause of sexual violence is unequal power relations.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.