• 산업노동연구
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• 제23권2호
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• pp.231-276
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• 2017

최근 몇 년 동안 중국의 노동 영역에서는 '건국 이후 최초'라는 수식어가 붙는 다양한 노동문제와 노동쟁의가 발생하고 있으며, 이는 특히 개혁개방의 전초기지인 광둥성에 집중되어 나타났다. 주목되는 점은 중국의 농민공이 점차 노동자의 정체성을 획득해 가면서 이익추구형 협상모델이 자리를 잡아가고 있다는 점이다. 중국 정부는 '안정유지'를 기조로 삼지만 노동쟁의를 제도화된 틀로 끌어들여 해결가기 위한 새로운 시도를 추진하고 있다. 중앙정부는 2015년 <조화로운 노동관계 확립에 관한 중국공산당 중앙 및 국무원 의견>을 발표해 구체적 방침들을 지시하였다. 광둥성은 이런 기조를 수용하면서 한 걸음 더 나아가 <단체협약조례>를 제정해 단체협상을 통해 노동-자본 갈등을 제도화하고자 한다. 그런데 이런 정책방침이 실효성을 얻으려면 공회(노동조합)가 제대로 기능을 하여야 하며, 이를 위해 이주노동자가 집중된 광둥성에서는 공회가 외부 전문 인력을 채용해 기층 조직 간부로 활용하는 '사회화간부'모델을 실험 중이다.

• 통상정보연구
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• 제11권2호
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• pp.27-47
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• 2009

This study aims to present definite directions on practical insurance business and letter of credits through an analysis centering on each section of Article 28 of UCP600. Accordingly, we sought adefinite understanding of regulations on insurance documents and present things to be improved. And we speculate the issues on insurance documents focusing on excessive involvement of insurance in banking according to the convention of insurance business, each mortgage having liability according to contract based on the regulations on acceptance of collective insurance documents, problems in acceptance of expiry date recorded in insurance documents and alternatives. This study focuses on activation of insurance documents as contract documents of marine insurance, aiming to present interpretational base in a practical view rather than technological directions.

• 농촌지도와개발
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• 제9권1호
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• pp.43-60
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• 2002

Recently the North Korea has been suffered from the grain shortage, and the fundamental reason was in the socialistic land regulations and collective production which restrain farmers' labor desire. So one of the key in solve the problem may be in the reformation of the socialistic land regulations and collective production, however, the capitalistic land regulations may not work as the reformational alternative in the North Korea. The third alternative for land should consider efficiency and equality of reformation itself as well as environmental problems. The purpose of the study was to discuss the possible application of the Public Land Lease from Henry $George(1839{\sim}1897)'s$ theory. The basic idea of the Public Land Lease was that the government has the right of sentence and the right of profit for the land, and the individual has the right of use for the land. Under the Public Land Lease, the individual must pay the land rent for the period of the use for land, and must return the land when the contract is over. If the North Korea's rural land regulations reformed into the Public Land Lease, it would be the first reformational model beyond china.

• 신재생에너지
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• 제18권3호
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• pp.32-42
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• 2022

Rapid spread of intermittent renewable energy has amplified the instability and uncertainty of power systems. The Korea Power Exchange (KPX) promoted efficient management by opening the power brokerage market in 2019. By combining small-scale intermittent renewable energy with a flexible facility through the power brokerage market, the KPX aims to develop a virtual power plant system that will allow the conversion of existing intermittent renewable energy into collective power plants. However, the participation rate of renewable power owners in the power brokerage market is relatively low because other markets such as the small solar power contract market or the Korea Electric Power Corporation power purchase agreement are more profitable. In this study, we used a choice experiment to determine the attributes affecting the participation rate in the power brokerage market for 113 renewable power owners and estimate the value of the power brokerage market. According to the estimation results, a low smart meter installation cost, low profit variations, long contract periods, and few clearances increased the probability of participation. Moreover, the average value of the power brokerage market was estimated to be 2.63 million KRW per power owner.

• 한국시뮬레이션학회논문지
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• 제28권3호
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• pp.57-63
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• 2019

본 연구는 중소기업퇴직연금제도가 가입자들에게 보증이율(최소수익률)을 제공할 경우 사전에 적립해야 하는 보증준비금 수준을 산출하여 제시하였다. 보증준비금을 산출하기 위한 방법론으로 본 연구는 변액연금보험의 보증준비금 산출 방법론을 적용하였다. 보증준비금 산출을 위해 2010년부터 2018년까지의 3대 연기금의 자산운용 평균 수익률을 기금형 제도의 목표수익률로 설정하였으며, 보증이율은 0%, 1.0%, 1.5%, 2.0%를 각각 적용하여 시나리오 별로 요구되는 보증준비금을 산출하였다. 주요 결과로 첫째, 제도 도입기간이 길어질수록 초기 설정한 보증이율에 따른 보증준비금 간의 차이는 증가하는 것으로 나타났다. 둘째, 제도가 성숙함에 따라 적립금이 부족할 가능성은 체감하였다. 결론적으로 보증이율투자전략에 내제된 수익-위험의 관계는 장기적으로 보수적 균형을 이루어야 함을 의미한다.

• 보건행정학회지
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• 제22권3호
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• 한국유기농업학회지
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• 제31권1호
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• pp.45-61
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• 2023

The subject of this study is whether the relevant ordinances of Chungcheongnam-do's five local governments, operating intermediary support organizations for contracted-out community building, comply with the regional innovation and cooperative governance-based perspective. The examination results are summarized as follows. About the normative system: first, village building does not present that it is a participation- and cooperation-based collective activity of various related actors; second, the cooperative governance-based implementation system was not presented as a key term; third, "numerous relevant subjects' participation" and "democratic decision-making and cooperative promotion" are not presented as basic principles; fourth, the subjects are limited to residents and the administration, and only their responsibilities are presented. About the effectiveness system: first, the establishment of a master plan, a primary means, and the establishment of an in-charge department and collaboration system in the administration are presented as optional provisions; second, the nature of the relevant committees and intermediary support organizations is not presented as "public-private cooperation-based system"; third, the area of the function and authority of the relevant committees is limited to review and consultation. Fourth, the related information about the intermediary support organization structure and system, the establishment and operation of the secretariat, and the practical operation of the center is not presented. In sum, to make related ordinances become institutional grounds with stronger effectiveness, reconstructing them by strictly applying the perspectives of regional innovation and cooperative governance is necessary.

• 한국중재학회지:중재연구
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• 제15권1호
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• pp.113-146
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• 2005

Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

• 한국사회복지학
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• 제48권
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• pp.7-41
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• 2002

This paper analyses the proposals contained in the British Government Green Paper, A New Contract for Welfare: Partnership in Pensions for low paid workers and the potential of the new rules to guarantee a decent income in old age. The UK pension system is a partnership between the State(providing the basic state pension and the SERPS), employers(providing occupational pension scheme) and private pension providers(providing personal pensions). Although the system needs to change, this partnership remains the right foundation. However, the pension Green Paper proposes substantial changes to second tier pension provision in the UK. In particular, the Government plans to replace the SERPS with a new State Second Pension. According to the Green Paper, this will result in "dramatically better pension provision for those earning less than ${\pounds}9,000$ a year" and through increased payments to private pension schemes, will also provide "extra help to those on middle incomes(${\pounds}9,000-{\pounds}18,500$ a year). Therefore, it discusses the general principles inherent in the design of the British pension system and analyses the balance of these principles is represented in the Green Paper. The paper then examines how the Government's proposals protect individuals from a means-tested old age. This paper finds that the Green paper's proposals add up to reinventing a new two-stage basic pension. However, two key features of a such a basic pension package are missing- an 'adequate' level of payment and comprehensive entitlement. Because of these missing principles we argue that the Green Paper's proposals incorporate for the low paid. The income from the basic pension and the secondary pension which is so near the means-tested minimum that little is gained in retirement from a lifetime of work and contribution. Indeed, the shift away from collective provision and the emphasis on individual responsibility will reinforce this inequality, so that many poor will continue to experience poverty in later life.

• 수산해양교육연구
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• 제5권1호
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• pp.23-30
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• 1993

The Korea Seaman's Act is providing that fishermen s salaries are exceptionally defined and working hours and paid leave are not defined at all. Significant problems of Fishermen's Labor Condition are, (1) It is hard to guarantee the basic right of fishermen as their wages are variable depending on the catch. (2) Excessive working hours would hamper the labor reproduction ability and increase the frequency of disaster. (3) Moreover, fishermen have to search for a new job following the lay off after working aboard during the period defined by contract. The possible implement of Seamen's Act are : (1) The wage system must be unified by regular wages. If it is hard to perish the lay system its relative importance should be diminished whereas the fixed minimum wages and the allowance depending on the position and working days should be paid. (2) This discrimination of the fishing vessels from merchant should be eliminated by removing the item on the Act which excludes the fishermen on the working hours. If it is hard to do so practically the lower regulations defining the maximum periods of duty and minimum periods of rest for fishermen must enact separately as in Japan and England. (3) The difference in the provisions of paid leave between the merchant seamen and fishermen must be abolished (4) It is the most desirable to improve the fishermen's labor conditions through the completion of the Act. However, before doing this, the employers and employees must try to solve the problems through the collective agreement by themselves.