• Journal of Legislation Research
• /
• no.44
• /
• pp.655-688
• /
• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• Korean Journal of Occupational Health Nursing
• /
• v.28 no.4
• /
• pp.208-220
• /
• 2019

Purpose: This study aimed to determine health problems experienced by workers in special employment relationships (WSER) and identify coping strategies used when such problems occur. Methods: This qualitative study used the focus group interview method. Thirteen study participants included five home-visit tutors, five insurance salespersons, and three credit card recruiters. The interviews were conducted from November 2018 through January 2019, with each occupational group interview lasting about 2 hours. Analysis based on phenomenological research was independently performed by two researchers. Results: Most participants had common health problems involving vocal cord symptoms, and stress related to emotional labor and traffic accidents. The unique health problems included cystitis, musculoskeletal, and digestive symptoms in home-visit tutors; reduced vision and hearing in insurance salespersons; and mental distress in credit card recruiters. There was no protection system for their health coverage, and the company emphasized their self-employed status to avoid taking responsibility for them. Twelve participants did not purchase occupational accident insurance owing to both not having adequate information and economic burden concerning premium status. Conclusion: WSER experienced both physical and mental health problems. These problems were caused by their unstable employment status, and the social security system for their coverage being non-functioning.

• Journal of the Korean Society of Safety
• /
• v.37 no.4
• /
• pp.58-62
• /
• 2022

Metro subway construction is a field that requires a great deal of professional manpower. The aging of professionals has a negative impact on both productivity and health, owing to poor working environments, heavy lifting, underground work, and other factors. To address this issue, the government is progressively revising and enforcing health management law and regulation in the construction industry. Thus, the job stress and work ability of many professional subway construction workers, who are rapidly aging, are being analyzed to ensure their safety and improve their health. In this study, the Macpa stress index of Busan Metro Subway construction workers from Sasang to Hadan line was measured by using a Macpa measurement machine, and a work ability survey was conducted by using the questionnaire that was developed by the FIOH. The independent variables were age, years of service, job position, employment type, and occupation. While, the dependent variables were the Macpa stress index and work ability. The Kruskal-Wallis test was used because it was difficult to assume that the statistics of this study represented a normal distribution. The results showed that age, job position, and employment type affected Macpa stress index and revealed that as the age of the workers increased, their stress levels increased as well. Additionally, job position and employment type affected the work ability of the metro subway construction workers. In terms of job position, the technical engineers were under a lot of stress, and whereas the managers had the best work ability. The technical engineers were more stressed than the other workers because of a poor working environment. In terms of employment type, daily workers were under more stress and lower work ability than others.

• Journal of the Korean Institute of Gas
• /
• v.22 no.3
• /
• pp.74-83
• /
• 2018

Anyone who wants to install local ventilation system must obtain a permission from the Ministry of Employment and Labor even if he has permission from the Ministry of Environment. This is because not only the Atmospheric Environmental Protection Act, but also the manufacturing industry's hazardous risk prevention plan under Article 48 Clause 2 of the Industrial Safety and Health Act is to be submitted by 15 days before the construction. Under the current Environmental Protection Act, the Ministry of Environment regulates only the emission of pollutants from local exhaust ventilation systems into the atmosphere and the contents of workers' safety and health within industrial sites are managed by the Ministry of Employment and Labor. Even with the approval of the Ministry of Environment, the number of unsuccessful cases by the Ministry of Employment and Labor has increased, causing a growing discontent among the sites due to production delays and additional costs of improvement. In addition, local exhaust systems that are at greater risk of fire explosion have increased the risk of severe industrial accidents due to fire explosion. This is due to insufficient design of air volume, control speed, return speed, duct size, and risk of fire explosion. This is because the criteria and procedures for approval of local exhaust ventilation systems are similar, but the Industrial Safety and Health Act adds additional screening items for safety and safety of workers and fire and explosion. In this study, the Environment Ministry and the Employment and Labor Ministry seek to find a reasonable way to operate the system by comparing local exhaust ventilation system installation approval standards.

• Journal of Environmental Health Sciences
• /
• v.40 no.5
• /
• pp.331-345
• /
• 2014

Objectives: The exponential growth of chemicals, an area of high concern in developed countries like the US (i.e., the Gore Initiative) and in the EU (i.e., REACH), as well as recent chemical accidents in Korea, have provoked nationwide concerns and resultant legal enforcement. This study aims to compare the laws of the Ministry of Environment (the Chemical Substances Control Act (CSCA), Act on the Registration and Evaluation, etc. of Chemical Substances (ARECS)) with those of the Ministry of the Employment and Labor (Occupational Safety and Health Act (OSHA)). Methods: Each law pertaining to the Ministry of Environment and the Ministry of the Employment and Labor was downloaded from the official legal information system (www.law.go.kr). The objectives of each law and the major contents related to chemical management were compared and summarized. Results: The CSCA and the ARECS are focused on the protection of people and the environment, while the OSHA relates to the protection of workers. The right to know of people and workers has been reinforced. The former two laws emphasize prevention, but the OSHA contains both preventive and post-accident measures. The role of the Ministry of Employment was reinforced with the promulgation of the CSCA and ARECS, which contain regulations such as adjacent area impact evaluation, risk control planning, chemical statistical survey and construction and operation of information, provision of risk control plans, response to chemical accidents and registration of chemical substances. Conclusion: We found that the three laws discussed here have several similar clauses designed to protect people and the environment from risks that may be caused by the use of chemicals, even though there are some differences among them in terms of objectives and contents. This review concluded that several clauses that can be regarded as double regulation should be unified in order to minimize the waste of government administrative resources and socio-economic losses.

• Korean Journal of Labor Studies
• /
• v.19 no.1
• /
• pp.177-211
• /
• 2013

The Chinese dual structure of employment('Shuangguizhi') has been retained through the Economic Reforms, and has been supported and reproduced by the system of division between rural and urban household registration. In the 2000s, efforts of the government to abolish the division appeared to be effective with the introduction of the 'Labor Contract Act'. However, the eclecticism of the Act and the outbreak of the global financial crisis in 2008 gave new momentum to the revival of the Chinese dual structure of employment by increasing the scale of labor dispatching. Labor dispatching in China has become a regular form of employment rather than an exceptional one. Labor dispatching reveals its Chinese characteristics against the particular background formed during the periods of state-owned-enterprise restructuring around 2000. The combined effects of the 'Labor Contract Act' and the global financial crisis brought about the effect of increase rather than control of labor dispatching, and gave a signal to enterprises to use various forms of labor dispatching including 'reverse directional labor dispatching' to lessen burdens and costs caused by the Act and the crisis. As labor dispatching strengthens or displaces the existing dual structure of employment, social groups which need more social protection tend to be much more excluded from the protection of the government and the society.

• The Journal of the Convergence on Culture Technology
• /
• v.8 no.1
• /
• pp.115-119
• /
• 2022

According to the 「Child Welfare Act, Article 16(1)」, when the age of a child reaches 18, he or she is discharged from prison. However, in order to prepare an effective support posture from the central government and local governments, a clear fact-finding survey on children who have completed protection is necessary. Therefore, in this study, the most basic questionnaire on housing, health, education, employment, and social relations of children living in Cheonan City after completion of protection is required. An investigation was conducted. As a result, the housing and social relationship of children living in Cheonan city were good compared to children living in Cheonan city compared to children who completed protection nationwide. Therefore, it was found that it is urgent to establish a close cooperation system with related organizations in this regard.

• Journal of Korean society of Dental Hygiene
• /
• v.13 no.3
• /
• pp.369-376
• /
• 2013

Objectives : The objectives of this study is to investigate the handwashing and use of personal protection equipment in dental hygienists and provide the basic data for dental infection control guideline. Methods : A questionnaire survey was performed in the dental hygienists who participated in the continuing education by the Daejeon City Commission in October 2012. The collected data were analyzed using PASW 18.0. Results : Handwashing was well practiced in group working for 3 to 5 years of employment. Those who took the infection cnotrol training used liquid soap, paper towel, dental mask, protective goggles, face shield, and gloves. Conclusions : Infection control is the most important practice in dental hygienists. So it is necessary to emphasize the inportnace of personal protection equipment including medical gloves, dental mask, and goggles.

• Journal of the Korean Home Economics Association
• /
• v.11 no.1
• /
• pp.75-91
• /
• 1973

It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.

• Journal of Arbitration Studies
• /
• v.30 no.3
• /
• pp.21-45
• /
• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.