• Title/Summary/Keyword: Unfair Labor Practice

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A Research on Actual Conditions of Juvenile Labor and Labor Rights Consciousness (청소년 노동의 실태와 노동인권 의식에 관한 연구)

  • Park, Sang-Jin
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.1
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    • pp.264-271
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    • 2021
  • In this paper, we intended to find the labor situations and labor rights consciousness of local juveniles and also to identify how they are treated and respond to those treatments they encounter. At the same time, another purpose of this research is to collect basic data to give the youth proper education about labor rights when they are faced with unfair labor practice. The research results are as follows: First, 262 students (50.5%) have work experience. Second, 133 students(24.9%) took the education about labor rights, which means relatively small number of students were educated about labor rights. Third, it is reported that 54.2% of those students considered 'payment' top priority, and 67.7% of them got the work through their parents, friends, and acquaintances, and 60.2% had their jobs at restaurants. Average working hours are 7 hours a day and 20 hours a week, which shows that they worked quite long hours. Fourth, 28.9% of respondents reported they wrote employment contracts, and 82.1% said their main purpose of work was 'to make money'. Fifth, 24.7% of the students reported the experience of unfair treatment while working, and the most common case was 'jobs other than expected work'(17.9%). When they were asked how they coped with the unfair treatments, the largest percentage(30.3%) of them answered they 'quit the job'. Last, when the respondants were asked to list improvements for juvenile part-time jobs, the answers were minimum wage and payment with weekly vacation allowance(25.1%), enhancing social awareness(14.3%), increasing good job opportunity(12.8%), and etc.. This demonstrates that social awareness of juvenile labor jobs is to improve urgently in local community.

Free Employment and Qualification of Faculty in Religious University (종교계 대학에 있어서 교직원 채용의 자유와 제한)

  • Lee, Woo-Jin
    • The Journal of the Korea Contents Association
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    • v.9 no.12
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    • pp.836-842
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    • 2009
  • On April 14, 2008, National Human Rights Commission of Korea's recommendation led to severe argument that hiring qualification of religious school. it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such organizations is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such organizations is directed toward the propagation of a particular religion. An employer is a "religious organization" entitled to the exemption. So If the employer is a school, its history and mission, the religion of the faculty and students, and the religious focus of the curriculum must be examined. Consequently it is possible for religious educational institution to reject specific religionist.

A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
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    • no.41
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    • pp.337-366
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    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

North Korean folk Operas and Musical Politics of Selection - Focused on National Operas Prior to Revolutionary Operas (북한 초기 고전 각색 가극과 선별의 음악 정치 - 혁명가극 이전 민족 가극을 중심으로)

  • Chung, Myung-Mun
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.69-96
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    • 2019
  • North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.