• 제목/요약/키워드: labor law reform

검색결과 6건 처리시간 0.017초

레포르마시(Reformasi) 이후의 인도네시아 노동법: 새로운 사회계약의 형성 (The Making of a New Social Contract: Labor Law in Indonesia after Reformasi)

  • 자파르 수리요멩골로
    • 동남아시아연구
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    • 제28권2호
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    • pp.85-117
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    • 2018
  • 이 논문은 1998년 레포르마시(Reformasi) 이후 인도네시아에서 이루어진 노동법의 발전에 대해 논의한다. 권위주의 정권의 종식과 이에 따른 민주적 제도의 도입은 노사 관계를 재구성하기 위한 새로운 공간을 열었다. 정부는 고용제도와 노동분쟁해결 체계에 엄청난 변화를 가져 온 새로운 일련의 노동법들을 공포했다. 이러한 변화가 창출한 도전에 직면한 노동조합들은 구성원들의 이익을 방어하기 위해 대안적 수단을 사용하고 있다. 이 논문은 노동법 개혁이 정부, 기업인단체들과 노동운동 사이에서 어떻게 새로운 사회적 계약을 수립하였는지 보여준다.

A Computable General Equilibrium-Top Down Behavioral Microsimulation on Assessing the Philippine Tax Reform

  • DIZON, Ricardo Laurio
    • The Journal of Asian Finance, Economics and Business
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    • 제8권1호
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    • pp.543-550
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    • 2021
  • The purpose of the study is to investigate the simulated effects of the Philippine tax reform, which is called Tax Reform for Acceleration and Inclusion Law, on household income and occupational choice. The study utilized the Family Income Expenditure Survey and tax collection as input to Computable General Equilibrium-Top Down Behavioral Microsimulation approach to determine the effect of Philippine tax reform on household income and occupational choice. The results of the study show that the household income in the Philippines will increase due to the implementation of the Philippine tax reform. Also, the study had found that tax reform results drive the household to shift from being farming entrepreneur to salaried workers since the utility derived from being workers is much higher compared to the utility derived from being entrepreneur. The findings of this research suggest that the Philippine Tax Reform for Acceleration and Inclusion Law is beneficial to the household since their income would increase, which will further result to an increase in their capability to buy goods and services. However, the tax reform would also lead to imbalance between the distribution of numbers of workers across sectors such as entrepreneurial farming, entrepreneurial non-farming, and wage sector.

중국의 노동쟁의 현황 및 처리제도에 관한 연구 (A Study on the Current Situation and Resolution System of Labor Dispute in China)

  • 하현수
    • 한국중재학회지:중재연구
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    • 제20권3호
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    • pp.93-120
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    • 2010
  • In 1978, Chinese reform and opening caused a big changes in Chinese labor relationship. Through reforming and opening, China gave up part of state ownership system and group ownership system, permitted private ownership system, and also opened the way for capitalists to ride again. Since China was established, the labor relationship ceased for 30 years has been appeared. However because the top priority aim of China's reform was economic growth, the protection of the rights and interests of labor was pushed back on the policy priority list. China takes foreign capitals based on cheap labor force quickly and China come up the worldwide plants. Since reformed, China keeps an economic growth rate of 9.7% annually for 30years. This economic growth is based on labor's sacrifice. However, Chinese fast economic growth causes side effects such as increasement of the gap between the wealthy and the poor, increasement of unbalanced development between regions, and the increasement of conflict between labor and management. Especially, according to changes in labors' level of consciousness, the labors recognized that their rights and interests are exploited by employers. Therefore, the labor dispute is continuously increasing. Chinese government changes their policy from the policy focusing on enterprise development to the policy protecting labor's rights and interests. In order to protect labor's rights and interests, China conducts labor contract law and labor dispute conciliation arbitration law in 2008. This kind of changes in Chinese labor environment affect a lot to Korean companies which already entered into China or are willing to enter. According to studying on present situation and resolution system in Chinese labor dispute, this paper suggests the proper countermeasure related to labor dispute of Korean companies which entered in China. First, the success rate of labor dispute conciliation by enterprise labor dispute conciliation committee is around 20% during recent several years and the success rate by year is in decline. Therefore, when labor dispute is occurred, our companies which entered into China better use other labor dispute methods such as negotiation and arbitration than conciliation in order to settle a conflict. Second, from the Korean enterprises entered in China point of view, there exists a problem not to sue except special cases which provided in the law even though they are dissatisfied with arbitrate judgment. Thus, when labor dispute occurred, Korean enterprises try to do best to settle the dispute through negotiation. However, in case of that the dispute cannot be settled by negotiation, they have to attend in the arbitration as if it is a last chance. Third, Korean enterprises keep in mind that dispute handling procedures between labor union and users or between labor group and users are different, and then deal with separately. Thus, dispute between labor and users have to follow arbitrate procedures as a necessary procedure, but in case of dispute related to group contract, namely dispute against labor union, labor dispute can be settled by arbitrate or suit, so after figuring out the situation exactly, it is necessary to select more advantageous way in order to settle the dispute. Moreover, in case of the dispute between labor union, they have to keep in mind that conciliation procedures cannot be used.

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스웨덴 비정규직의 사용 실태와 행위주체들의 전략: 임시직 사용 방식을 중심으로 (The Actual Use of Non-regular Workers and the Strategies of Social Partners in Sweden: with a Special Reference to Temporary Workers)

  • 조돈문
    • 산업노동연구
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    • 제23권1호
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    • pp.47-83
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    • 2017
  • 스웨덴 노동시장은 정규직 정리해고 대신 임시직 중심 비정규직 활용을 통해 노동력 사용의 유연성을 확보한다. 2000년대 후반 법개정으로 임시직 사용이 보다 더 용이하게 되었고 경제위기 발발로 자본의 힘의 우위가 강화되었음에도, 임시직 규모는 급증하지 않고 도리어 축소되었다. 본 연구는 임시직의 사용 실태와 사용방식 변화를 분석하며 법개정 효과와 경제위기 효과의 설명력을 검토하고, 임시직 등 비정규직 사용을 둘러싼 자본의 유연성 확보 전략과 노동의 유연성 규제 전략이 어떤 내용으로 추진되며, 어떻게 서로 각축하고 타협하며 경제위기 이후 비정규직 사용의 새로운 평형점을 형성하게 되었는지를 설명하고자 한다. 임시직 사용 규제를 완화한 법개정에도 불구하고 단체협약의 내용 수정이 수반되지 않음으로써 법개정 효과는 제한되었고, 경제위기를 거치며 사용업체들이 임시직 대신 간접고용 중심으로 인력을 확충하면서 임시직 규모는 도리어 감소하게 되었다. 사용업체들이 간접고용을 더 선호하게 된 것은 사용자로서의 책임을 회피하고 사용기간 제한 규정이 없어 무기한 사용할 수 있다는 장점 때문이었다. 자본은 경제위기를 거치면서 정규직 대 비정규직 비율을 80-20으로 유지하며 간접고용 비정규직을 '항구적 임시직'으로 사용하는 전략을 취하게 된 것이다. 이에 맞서 노동조합은 임시직보다 간접고용을 더 강력하게 규제하는 전략으로 대응함으로써 간접고용이 외적 수량적 유연성을 확보하기 위한 용도로만 사용되게 되었다. 그 결과, 파견노동을 넘어 임시직을 포함한 전체 비정규직의 사용방식에서도 '관리된 유연성'이 작동하게 되었다. 간접고용의 오 남용이 극심한 한국의 경우 스웨덴 노동조합의 전략처럼 간접고용 노동자에게 여타 고용형태들보다 더 확실하게 고용안정을 보장하고 높은 임금을 보장하는 사회적 개입이 절실하다.

Land Market of Ukraine: Problems of Legislative Regulation

  • Zemko, Alla;Bukanov, Hryhorii;Zadorozhnia, Halyna;Vinyukova, Olha;Yefimenko, Kristina
    • International Journal of Computer Science & Network Security
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    • 제21권12spc호
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    • pp.459-462
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    • 2021
  • The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

지방자치제에 따른 보건의료사업을 위한 보건소 모델개발연구 (Policy Development on Health Administration System in the Era of Local Autonomous Government)

  • 남철현
    • 보건교육건강증진학회지
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    • 제16권1호
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    • pp.101-126
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    • 1999
  • As the WTO system launches through the agreement of Uruguay Round, the Government has to revise the office regulations or reform the system. Also, Integrating and Coordinating the like affair in health care (i. e., children's home, industry health, school health, health manpower, the administration of health center, the administration on food hygiene, health environmental education, and so on.) which is now scattered into some government departments like the Ministry of Labor, the Ministry of Education, the Ministry of Home Affairs, the Ministry of Agriculture, and the Ministry of Environment, the Government has to prevent unspecialty, inefficiency, inconsistency, and uneconomy. The Government has to review and adopt above suggested the Proposal 1),2),3),4) of the Health Centers on the basis of the local autonomy law and it will help the successive settlement of the local autonomy system in Korea. According to the suggested proposal, the Central Government mainly takes charge of the Macro affairs as hardware, and transfer the Micro affairs as software into the Local Governments to attempt the appropriate functional allocation. To achieve it successfully, the Central Government also has to do the financial support, manpower training and technical support, allocation of health care resources, direction and control, research and development and the health care plan on the macro level. Local Governments which divided into the wide local government and basic local government also have to do their best for health improvement of the community societies like plan of health care program, implementation of health care service program, taking charge of the affairs of health insurance, activation of community residents' participation and security of health care resources etc. To achieve this goal, the Government have to be more active and reformative, the related social and health agencies and educational agencies have to cooperate and support for the goals, and especially, the community residents have to participate actively and voluntarily, When all these conditions promote, local health care administration will be developed, and health level of community residents will be secured. And going one step forward, the country and people will be more healthy

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