• Title/Summary/Keyword: employment protection act

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Effects of the 2007 Act on the Protection of Fixed-term and Part-time Employees on Employment Levels (2007년 비정규직법의 고용효과 분석)

  • Yoo, Gyeongjoon;Kang, Changhui
    • Journal of Labour Economics
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    • v.36 no.2
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    • pp.67-94
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    • 2013
  • Using data from the Economically Active Population Survey: Supplement by Employment Type, This paper examines the effects of the 2007 Act on the Protection of Fixed-term and Part-time Employees on employment levels. Since the Act is applied to only individuals below 55 years of age, we restrict the analysis sample to men whose ages are close to 55 at the time of the survey. For such a sample, the empirical analysis combines regression discontinuity design with a difference-in-differences. The results suggest that the employment effect of the 2007 Act takes a U-shape. The results suggest that the employment effect of the 2007 Act takes a U-shape. The negative effect of the Act was largest around August 2008, a year after it took effect. The negative effects on employment faded away toward August 2009.

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Improvement Plan of the Relevant Law to Protect Professional Support and Rights of Artists (예술인의 직업적 지원과 권리보호를 위한 관련법의 개선방안)

  • Noh, Jae-Chul;Kim, Kyung-Jin
    • The Journal of the Korea Contents Association
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    • v.18 no.8
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    • pp.483-493
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    • 2018
  • Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

Increase of Labor Dispatching in China as a Combined Effect of the Global Financial Crisis and the 'Labor Contract Act' (세계경제위기와 '노동계약법'의 결합효과로서 중국 파견노동의 증가)

  • Baek, Seung-Wook
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.177-211
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    • 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.

Coverage Method in German Workers' Compensation Insurance and Policy Implications: Focusing on Volunteers and Persons in Special Types of Employment (독일 산재보험제도의 적용방식과 시사점: 자원봉사자와 특수형태근로종사자 중심으로)

  • Kim, Sang Ho
    • 한국사회정책
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    • v.20 no.3
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    • pp.171-195
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    • 2013
  • One of the current issues in Workers' Compensation Insurance is about the coverage range. Korea uses the definition of worker under the Labor Standards Act in Workers' Compensation Act and solved the problems associated with the coverage range of insurance group by the exceptional clause only for the groups which was raised about the need for the social protection. The purpose of this paper is to draw implications for solving problems which are associated with the coverage range of insurance group by reviewing the German literature. We focus on volunteers and persons in special types of employment. German government supports the activity of volunteers by providing with the protection service against the accidents. This paper shows how the coverage range is extended from the dependent employees in the introduction of the Workers' Compensation Insurance to the people who need social protection focusing on the volunteers. The implications of this research are following. First, German system shows that Workers' Compensation Insurance can be extended to the groups which do not belong to the dependent employee but are worthy of protection. Second, it is necessary to provide volunteers in the social welfare system with the protection service against the accidents and the statutory accident scheme is recommendable to use. Third, volunteers in the social welfare system need to be compulsory insured. Fourth, Korea should find their own way in solving problems associated with persons in special types of employment.

A Study on Regulation Improvement of Local Ventilation System (국소배기장치의 규제개선에 관한 연구)

  • kim, Nam Suk;Kim, Young Suk;Woo, In Sung
    • Journal of the Korean Institute of Gas
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    • v.22 no.3
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    • pp.74-83
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    • 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.

A Study on the Comparison between 「SECURITY SERVICES INDUSTRY ACT」 and 「ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS」 among Security Guards (「경비업법」상 경비원과 「파견근로자보호 등에 관한 법률」상 경비원의 비교에 관한 연구)

  • Noh, Jin Keo;Choi, Kyung Cheol;Lee, Young Ho
    • Korean Security Journal
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    • no.55
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    • pp.143-167
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    • 2018
  • According to the Security Services Industry Act security guards are not just workers but security-related service workers complementing the lack of police force and specializing in protecting of national important facilities, industrial facilities and apartment houses. Nevertheless, confusing or mixing the security service workers in "Security Services Industry Act" with the guards in the "Act on the Protection etc. of Temporary Agency Workers" lead to a constant debate about the scope of work of security guards. In the case of security service workers in "Security Services Industry Act" there is a strict limitations on security service worker's qualification such as strict reasons for disqualification, a need to pass training for new workers and qualification training, a need to report to the competent chief police officer if the security guard has placed or unplaced by the security service company. It distinguishes security service workers in "Security Services Industry Act" from the guards in the "Act on the Protection etc. of Temporary Agency Workers" and acknowledges the occupation of security service worker as a professional service worker. Therefore, security service workers in "Security Services Industry Act" shouldn't be obliged to do any other work than security work. If it is required to do other work than security work contract by the "Security Services Industry Act" doesn't apply but need to use a security guard according to "Act on the Protection etc. of Temporary Agency Workers" or hire a security guard on the employment contract. In this way, when security service workers in "Security Services Industry Act" are recognized as professional security related workers, the entire security industry can ultimately develop.

Comparison between the Chemical Management Contents of Laws Pertaining to the Ministry of Environment and the Ministry of the Employment and Labor (환경부의 화학물질관리법, 화학물질등록 및 평가에 관한 법률, 고용노동부의 산업안전보건법의 화학물질 관련 내용 비교)

  • Yoon, Chungsik;Ham, Seunghon;Park, Jihoon;Kim, Sunju;Lee, Sangah;Lee, Kwonseob;Park, Donguk
    • Journal of Environmental Health Sciences
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    • v.40 no.5
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    • pp.331-345
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    • 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.

Employment Adjustment in the British Shipbuilding Industry(1860~1945) - Focusing on the Case of the Boilermakers' Society (영국 조선산업의 고용조정(1860~1945): 보일러제조공조합을 중심으로)

  • Shin, Wonchul
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.321-365
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    • 2018
  • Though the British shipbuilding industry dominated the world market in the 19th century, it could not avoid the repetitive rise and fall of the unemployment following after the cyclical fluctuations. Without challenging the employers' rights to fire at will, the boilermakers maintained their own unemployment insurance in order to escape from the new poverty law system. In the beginning the craft union could continue their own unemployment insurance under the National Insurance Act of 1911, but it went into bankruptcy under the massive unemployment of the 1920s and the attacks of shipyard employers. The Act of 1911 was a step towards social solidarity in that it spread the risks beyond the occupational boundaries, applying unemployment insurance to unskilled and non-union workers, and the employer and the government also paid the premium. In the Great Depression, the shipyard trade unions demanded that the government should intervene in the shipbuilding market to provide jobs, but it was not accepted by the government. The government responded only to the another demand of the union for the maintenance, which could be achieved partially through the abnormal operation of the insurance system, abandoning the insurance principle. After all, unemployment in the shipbuilding industry was resolved only by the expansion of rearmaments and the outbreak of World War II. From the 19th century to the World War II, the craft unions did not challenge the employers' right to fire at will and did not attempt to regulate dismissal procedures or make any demands on dismissal compensations. During interwar periods rules and practices related with weak employment protection - one of the main features of the liberal employment adjustment institution - were prevalent in Britain. The principle of 'employment at will' could survive through the historical events such as the World War I, II as the operation of the unemployment insurance became the focus of the social conflicts.

Analysis of Health and Welfare Support for Children Who Have Ended Protection in Korea - Focused on the case of Cheonan city - (국내 보호종료아동 보건복지 지원실태 분석 -천안시 사례를 중심으로-)

  • YU, TAE GYU
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.1
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    • pp.115-119
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    • 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.