• Title/Summary/Keyword: labor disputes

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Interhospital Transfer of Emergency Patients and Informed Consent (응급환자의 전원과 의사의 설명의무)

  • Bae, Hyun-A
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.249-293
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    • 2012
  • Inter-hospital transfer, depending on its medical and legal appropriateness, affect the prognosis of patients and can even lead to legal disputes. As Emergency Medical Service Act, any physician shall, in case where deemed that pertinent medical service is unavailable for such patient with the capacities of the relevant medical institution, transfer without delay such patient to another medical institution where a pertinent medical service is available. For medico-legally appropriate inter-hospital transfer, the head of a medical institution shall, in case where he transfers an emergency patient provide medical instruments and manpower required for a safe transfer of the emergency patient, and furnish the medical records necessary for a medical examination at the medical institution in receipt of such patient. And transfer process must comply with the requirements prescribed by executive rule such as attachment of the referral, provision of ambulance, fellow riders and informed consent of transfer. Those engaged in emergency medical service shall explain an emergency medical service to an emergency patient and secure his consent. In addition to the duty to inform about emergency medical service to the patient and his or her legally representative, there is also a duty for doctors to sufficiently explain to the patient and his or her legally representative during inter-hospital transfer that the need for the transfer, the medical conditions of the patient to be transferred and emergency treatment that will be provided by the hospital from which the patient is going to transferred. Likewise, the hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer by transferring doctors.

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Problems and Improvement Directions for Damage Investigation of Aquaculture Products from Natural Disaster (양식수산물 자연재해 피해조사의 문제점과 개선방향 연구)

  • Kang, Jong-Ho;Moon, Gun-Ho
    • The Journal of Fisheries Business Administration
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    • v.50 no.3
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    • pp.31-42
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    • 2019
  • This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.

The Impact of Cross-Cultural Differences on Human Resource Management in Korean-Invested Enterprises in China

  • Li, Hao;Li, Yu
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.46-57
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    • 2021
  • Purpose - In terms of human resource management, many Korean enterprises in China have experienced problems such as frequent resignations of Chinese employees and labor disputes. This can be mainly attributed to the fact that Chinese employees are not consistent with Korean vertical management methods, which is closely related to the national culture theory proposed by Hofstede, specifically the dimension of power distance and long- versus short-term orientation (LTO). Therefore, this research aims to investigate cultural differences between Korea and China from these two dimensions, and the impact on the human resource management of Korean-invested enterprises in China. Design/methodology - This research first utilizes the latest data (Wave 7) of the World Values Survey (WVS) to verify the difference in power distance and long- versus short-term orientation between Korean and Chinese cultures using responses from Korea and China, and then uses case analysis to analyze the impact of this cultural difference on the human resource management of Korean enterprises in China. Findings - Our main findings can be summarized as follows. Korea and China have significant differences in power distance and long- versus short-term orientation. In terms of power distance, Korean respondents show higher power distance compared to Chinese respondents. In the dimension of long- versus short-term orientation, it was found that Chinese respondents showed a shorter-term orientation, whereas Korean respondents showed a longer-term orientation. Originality/value - Previous studies put focus on the power distance and individualism-collectivism dimensions to explain cultural differences between Korea and China, and generated contradictory results. This research further confirms the cultural differences between Korea and China from the dimensions of power distance and long-versus short-term orientation using secondary data. The comparative studies from this perspective have long been underexplored and lack empirical confirmation.

Measures to Strengthen Korea-Japan Cyber Security Cooperation: Focusing on Joint Response to North Korean Cyber Threats (북한 사이버 위협에 대응하기 위한 한일사이버 안보협력 강화방안)

  • Tae Jin Chung
    • Convergence Security Journal
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    • v.23 no.5
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    • pp.199-208
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    • 2023
  • South Korea and Japanese governments have never responded cooperatively to North Korea cyber threats in the past 10 years or even before that. There are two reasons: First, The historical and political conflicts between the two countries were so deep that they did not discuss their mutual needs. Second, officially, Japan had not been subjected to a North Korean cyberattack until 2022 . In particular, the issues of comfort women and forced labor during World War II were holding back the reconciliation between the two countries. With the inauguration of the Yoon Seok-yeol administration, Korea-US relati ons improved dramatically. Tensions in Northeast Asia reached their peak due to the conflict between the US and China. It has become a situation where peace cannot be garaunteed without close cooperation between Korea and Japan led by the United States.

A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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Debating Universal Basic Income in South Korea (기본소득 논쟁 제대로 하기)

  • Back, Seung Ho;Lee, Sophia Seung-yoon
    • 한국사회정책
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    • v.25 no.3
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    • pp.37-71
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    • 2018
  • Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

A Study on the Protection for Original Technology and Improved Patent when Research Institutes or Universities Transfer their Research Outputs (출연연 및 대학에서 연구성과물의 기술이전 시 개량특허와 원천기술의 보호에 관한 검토 : H대학교와 D제약사의 신약후보물질 관련 개량특허 탈취논쟁여부를 중심으로 (대상판결: 서울중앙지방법원 2014.12.24. 선고 2013가합85597 판결))

  • Kang, Sun Joon;Kim, Min Ji;Won, Yoo Hyung;Oh, Keon Taek
    • Journal of Korea Technology Innovation Society
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    • v.20 no.2
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    • pp.313-333
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    • 2017
  • As science and technology advanced, specialized and massive, development through mutual cooperation or research based on patent licensing such as material transfer contract, technology transfer contract etc are actively taking place to minimize or separate the cost and risk of R&D. In R&D, such mutual work can enjoy the merit of division of labor by effectively allocating resources and manpower to accomplish its goal. Inevitably, however, there are also many possibilities of disputes regarding the ownership and use of intellectual property rights resulting from such mutual/post-studies, or inventions upgraded by using prior patents. The case reviewed by this paper is noticeable regarding the recent trend of upgraded inventions. In the case, a pharmaceutical company conducted tests/assessments on the complete technology of patent owned by a university on the premise of transferring the technology, and then terminated the technology transfer contract due to reasons of toxicity. The university then filed a damage claim suit against the company for infringing the contract. This is a dispute case betw een a university which developed a potential ingredient for new medicine and a pharmaceutical company which agreed to transfer and receive the technological later on. Regarding the upgraded inventions of source patents, this case has many implications on the protection of prior patents, research contract, and research security to protect the accomplishment of research. This paper reviews the subject ruling and the protection of upgraded patents and source technologies. As critical notes, the paper also summarizes the major issues of case ruling to observe the standard of ruling patent infringement related to the extortion of upgraded patents. Then, through the ruling of the case above, the paper suggests implications and future strategies.

An Empirical Study on Clothing Distribution Center to Improve Storage Efficiency : Especially on Hanger Rack Storage According to Distance between Columns (의류 물류센터 보관효율 향상을 위한 실증적 연구 : 행거 랙 보관과 건물기둥 간격을 중심으로)

  • Nam, Hee Dae
    • Journal of the Korea Safety Management & Science
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    • v.21 no.4
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    • pp.75-80
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    • 2019
  • Sales of the Korean clothing industry grew to 16.9 percent on-year in 2010, but the growth rate dropped to 3 percent from 2011 to 2016 and the overall market began to slump to 1.1.6 percent in 2017. The competitiveness of clothing companies is also a major sector in logistics capability, and the average logistics cost of domestic clothing companies is 8.3 percent of sales in 2011, higher than the average 8 percent of domestic industries, and 36.4 percent of the total storage cost in 2011, higher than the 28.8 percent share of the total storage cost of domestic companies. As domestic production conditions such as wage hikes and labor disputes worsened in the 1990s, production facilities were rapidly moved overseas, which led many clothing companies to have no production facilities or a minimal production base in Korea and focus on marketing and design capabilities. The total storage capacity and storage efficiency of the logistics center became very important as the products were changed to the form of mass warehousing and small-volume forwarding. Research shows that building column spacing, a model of this research, can affect the amount of hanger rack storage empirically, so for sustainable growth of clothing companies, it is necessary to improve competitiveness in the logistics market by reducing costs and improving efficiency to overcome difficulties in corporate management. Because logistics costs are 8.3 percent and operating profit to sales ratio is 2 percent, it is expected that operating profit will increase by 41.5 percent if logistics costs are reduced by 10 percent. If 10% of storage cost is saved based on storage cost, operating profit is expected to increase by 15% To strengthen the competitiveness of the clothing industry, a reduction in logistics costs is essential. Therefore, the purpose of this study is to provide hints that logistics experts can have empirically small amounts in reducing storage costs through column spacing adjustment of logistics centers that have not been dealt with statistically until now, and to contribute to the continued growth of clothing companies and the development of the domestic logistics industry.

Identification of new Breeding Lines by Prunus Persica Cultivar-Specific SCAR Primers (SCAR 마커 개발 및 이를 활용한 국내 육성 복숭아 품종 판별)

  • Han, Sang Eun;Cho, Kang-Hee;Nam, Eun Young;Shin, Il-Sheob;Kim, Chung Hee;Kim, Hyun Ran;Kim, Dae-Hyun
    • Korean Journal of Breeding Science
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    • v.42 no.5
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    • pp.495-501
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    • 2010
  • Peaches (Prunus persica) are less popular than the fresh fruits, because their flesh gets soft faster. So many breeders focused on their aim to firmness. Other breeders focused on juiciness, flavor and aroma. Breeding requires much labor, time and money. To reduce these requirements, many scientists develop many SSR, CAPS and SCAR makers. New peach varieties bred in our National Institute of Horticultural & Herbal Science (NIHHS) such as, Cheonhong, Suhong and Harhong are yellow flesh cultivars and Yumyeong, Baekmijosaeng, Baekhyang, Jinmi, Soomee, Mihong, Misshong and Yumee are white flesh cultivars. These peach cultivars are planted in orchard of Korea. To assert breeding cultivar patents and prevent patent disputes, we detected cultivar-specific DNA fragment using 235 sets of Operon RAPD primers, analyzed 134 DNA sequences and constructed SCAR primers. To confirm the cultivar-specific SCAR markers, we applied candidate SCAR primers to 30 peach cultivars widely cultivated in Korea. These selected lines are included father and mother lines that were used to develop new varieties in NIHHS. Using fourteen SCAR primer sets, we characterized thirty cultivars selected. The SCAR marker is expected to serve as molecular evidence distinguishing different peach varieties.

Efficient Utilization of Private Resources for the National Defense - Focused on maintenance, supply, transportation, training & education - (국방분야 민간자원의 효율적 활용방안 - 정비, 보급, 수송, 교육훈련분야를 중심으로 -)

  • Park, Kyun-Yong
    • Journal of National Security and Military Science
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    • s.9
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    • pp.313-340
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    • 2011
  • The National Defense Reformation bill of "National Defense Reformation 2020" which have been constantly disputed and reformed by the government went through various levels of complementary measures after the North Korean sinking on the Republic of Korea (ROK) Naval Vessel "Cheonan". The final outcome of this reform is also known as the 307 Plan and this was announced on the 8th March. The reformed National Defense Reformation is to reduce the number of units and military personnel under the military structure reformation. However, in order for us to undertake successful National Defense Reformation, the use of privatized civilian resources are essential. Therefore according to this theory, the ROK Ministry of National Defense (MND) have selected the usage of privatized resources as one of the main core agenda for the National Defense Reformation management procedures, and under this agenda the MND plans to further expand the usage of private Especially the MND plans to minimize the personnel resources applied in non-combat areas and in turn use these supplemented personnel with optimization. In order to do this, the MND have initiated necessary appropriate analysis over the whole national defense section by understanding various projects and acquisition requests required by each militaries and civilian research institutions. However for efficient management of privatized civilian resources, first of all, those possible efficient private resources which can achieve optimization will need to be identified, and secondly continuous systematic reinforcements will need to be made in private resource usage legislations. Furthermore, we would need to consider the possibility of labor disputes because of privatization expansion. Therefore, full legal and systematic complementary measures are required in all possible issue arising areas which can affect the combat readiness posture. There is another problem of huge increase in operational expenses as reduction of standby forces are only reducing the number of soldiers and filling these numbers with more cost expensive commissioned officers. However, to overcome this problem, we would need to reduce the number of positions available for active officers and fill these positions with military reserve personnel who previously had working experiences with the related positions (thereby guaranteeing active officers re-employment after completing active service). This would in tum maintain the standards of combat readiness posture and reduce necessary financial budgets which may newly arise. The area of maintenance, supply, transportation, training & education duties which are highly efficient when using privatized resources, will need to be transformed from military management based to civilian management based system. For maintenance, this can be processed by integrating National Maintenance Support System. In order for us to undertake this procedure, we would need to develop maintenance units which are possible to be privatized and this will in turn reduce the military personnel executing job duties, improve service quality and prevent duplicate investments etc. For supply area, we will need to establish Integrated Military Logistics Center in-connection with national and civilian logistics system. This will in turn reduce the logistics time frame as well as required personnel and equipments. In terms of transportation, we will need to further expand the renting and leasing system. This will need to be executed by integrating the National Defense Transportation Information System which will in turn reduce the required personnel and financial budgets. Finally for training and education, retired military personnel can be employed as training instructors and at the military academy, further expansion in the number of civilian professors can be employed in-connection with National Defense Reformation. In other words, more active privatized civilian resources will need to be managed and used for National Defense Reformation.

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