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A Proposal Based on the Analysis of Each Party Election Pledge Related to Korean migrant workers (한국 이주노동자에 대한 각 정당 선거공약 분석과 제언)

  • Yoon, Miral;Lee, Chun Ho
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.10
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    • pp.883-893
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    • 2018
  • The inflow of Labor Migrants has been grown up to 600,000 people until now with the adoption of Employment Permit System (EPS) in 2004 until now. However the institutional support lack to ensure their rights and improve their conditions. This is because of their consideration ad temporary labors in South Korean society and labor forces rather than the objects of integration. As a result, the legal status and rights of migrant workers are criticized for their utilization rather than human rights, and human rights protection is insufficient. To this context, this paper analyzed the 19th presidential election pledge of the four political parties (Democratic Party, the Liberty Korea Party, Bareun Party and Justice Party) the majority of the Korean National Assembly, and predicted how the policies of migrant workers would evolve. The study found that there were two political parties that did not mention policies for migrant workers, and the remaining two parties also maintained their current policies. This is probably the biggest reason to recognize migrant workers as temporary residents. However, they should also be aware of the fact, that migrant workers are the members of the Korean society and are the owners of human rights that should be guaranteed, and should consider the policy directions to live with them.

Unhappy Start but Happy Ending?: Three Conditions for the Success of the 21st National Assembly in the Era of Polarization (제21대 국회 개원 평가와 전망: 양극화 시대 국회 운영의 성공조건)

  • Yoo, Sung-jin
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.5-35
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    • 2020
  • This article purposes to investigate opening process of the 21st National Assembly in the middle of severe conflicts between two major-parties, and predict the changes it will bring to the operation of the National Assembly. With incumbent party's taking all leadership positions of standing committees, it broke the practice since 13th National Assembly, that is, distribution of the standing committees based on the seat-ratio. It means that our National Assembly has entered a new phase in the decision-making process. While the incumbent party, with overwhelming victory in general election, emphasizes that it should dominate legislative process to support the government, the out-party claims that they should take leverage to check over government. Two opposing trends are characteristically observed in the operation of the Korean National Assembly. First of all, due to the experience under authoritarian regimes, the National Assembly has been institutionalizing decision-making processes in the direction of enforcing cooperation between parties. On the other hand, the polarization in political parties has been stronger, making it difficult to reach consensus between parties. This article claims strongly that the 21st National Assembly need to find a balance amid such two-conflicting trends. To do so, three necessary conditions are proposed: observing decision-making procedures, securing diversity within party and National Assembly, and deliberative legislative activities.

A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

An Empirical Study on the Importance of Psychological Contract Commitment in Information Systems Outsourcing (정보시스템 아웃소싱에서 심리적 계약 커미트먼트의 중요성에 대한 연구)

  • Kim, Hyung-Jin;Lee, Sang-Hoon;Lee, Ho-Geun
    • Asia pacific journal of information systems
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    • v.17 no.2
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    • pp.49-81
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    • 2007
  • Research in the IS (Information Systems) outsourcing has focused on the importance of legal contracts and partnerships between vendors and clients. Without detailed legal contracts, there is no guarantee that an outsourcing vendor would not indulge in self-serving behavior. In addition, partnerships can supplement legal contracts in managing the relationship between clients and vendors legal contracts by itself cannot deal with all the complexity and ambiguity involved with IS outsourcing relationships. In this paper, we introduce a psychological contract (between client and vendor) as an important variable for IS outsourcing success. A psychological contract refers to individual's mental beliefs about his or her mutual obligations in a contractual relationship (Rousseau, 1995). A psychological contract emerges when one party believes that a promise of future returns has been made, a contribution has been given, and thus, an obligation has been created to provide future benefits (Rousseau, 1989). An employmentpsychological contract, which is a widespread concept in psychology, refers to employer and employee expectations of the employment relationship, i.e. mutual obligations, values, expectations and aspirations that operate over and above the formal contract of employment (Smithson and Lewis, 2003). Similar to the psychological contract between an employer and employee, IS outsourcing involves a contract and a set of mutual obligations between client and vendor (Ho et al., 2003). Given the lack of prior research on psychological contracts in the IS outsourcing context, we extend such studies and give insights through investigating the role of psychological contracts between client and vendor. Psychological contract theory offers highly relevant and sound theoretical lens for studying IS outsourcing management because of its six distinctive principles: (1) it focuses on mutual (rather than one-sided) obligations between contractual parties, (2) it's more comprehensive than the concept of legal contract, (3) it's an individual-level construct, (4) it changes over time, (5) it affects organizational behaviors, and (6) it's susceptible to organizational factors (Koh et al., 2004; Rousseau, 1996; Coyle-Shapiro, 2000). The aim of this paper is to put the concept, psychological contract commitment (PCC), under the spotlight, by finding out its mediating effects between legal contracts/partnerships and IS outsourcing success. Our interest is in the psychological contract commitment (PCC) or commitment to psychological contracts, which is the extent to which a partner consistently and deeply concerns with what the counter-party believes as obligations during the IS project. The basic premise for the hypothesized relationship between PCC and success is that for outsourcing success, client and vendor should continually commit to mutual obligations in which both parties believe, rather than to only explicit obligations. The psychological contract commitment playsa pivotal role in evaluating a counter-party because it reflects what one party really expects from the other. If one party consistently shows high commitment to psychological contracts, the other party would evaluate it positively. This will increase positive reciprocation efforts of the other party, thus leading to successful outsourcing outcomes (McNeeley and Meglino, 1994). We have used matched sample data for this research. We have collected three responses from each set of a client and a vendor firm: a project manager of the client firm, a project member from the vendor firm with whom the project manager cooperated, and an end-user of the client company who actually used the outsourced information systems. Special caution was given to the data collection process to avoid any bias in responses. We first sent three types of questionnaires (A, Band C) to each project manager of the client firm, asking him/her to answer the first type of questionnaires (A).

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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Garden Party In March

  • Gwon, Hui-Ran
    • 주택과사람들
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    • s.190
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    • pp.34-39
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    • 2006
  • 작은 정원에서 열리는 이른 저녁의 프라이빗 파티. 봄을 맞는 자리에는 홍차, 와인, 핑거 푸드, 아름다운 꽃으로 꾸민 테이블과 싱싱한 내음을 주는 나무 그리고 사랑하는 사람들만 있으면 된다. 행복한 봄날의 미니 파티.

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An Analytical Study on the Youngjeob Dogam Younhyangsek Euigwae of Choson Dynasty (1634, 1643 year) (조선왕조(朝鮮王朝)의 영접도감(迎接都監) 연향색의궤(宴享色儀軌)에 관한 분석적(分析的) 연구(硏究) 찬품(饌品) 및 재료(材料)와 그 분량(分量)에 관하여 (1634년(年), 1643년(年)의 의궤(儀軌)를 중심(中心)으로))

  • Kim, Sang-Bo;Lee, Sung-Woo
    • Journal of the Korean Society of Food Culture
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    • v.7 no.2
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    • pp.127-140
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    • 1992
  • To analyze reception dishes of Choson Dynasty, studied historic book 'Youngjeob Dogam Younhyangsek Euigwae' (1634, 1643 year) described feast dishes for Chinese envoy in Choson Dynasty. The results obtained from this study are as follow. 1. The number of sets to be arranged on the table for Chinese envoy were 91 sets, 49 sets, 37 sets at welcome party (下馬宴, 翌日宴, 別茶啖) and 91 sets at farewell party (上馬宴) in 1643 year. 2. The number of fresh meal to be arranged on the table for Chinese envoy were 102 kinds described in the took of 1643 year. 3. A reception dishes (下馬宴, 上馬宴 ) of Choson Dynasty was the same wedding feast dishes of Choson Dynasty.

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SYNCHRONIZING INDIVIDUALLY OPTIMAL CYCLE TIMES ACROSS MULITI-BUYERS AND MULTI-PRODUCTS

  • Lee, Chang-Hwan
    • Management Science and Financial Engineering
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    • v.4 no.2
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    • pp.15-42
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    • 1998
  • A joint problem of order delivery, setup reduction, and cost-sharing in a two-echelon inventory system in which a vendor supplies multiple products to a group of buyers is studied here. The basic premise is that buyers have independently implemented setup reduction programs to acquire benefits from small order sizes. Doing so, however, causes the buyers' individually optimal order cycles to be differ from that of the vendor. In conjunction with this, two models are considered. In the first model, a multi-buyers single product situation is considered in which the vendor implements a joint supply cycle policy. However, buyers, as the dominant party, insist after implementing the individually optimal setup reduction that the vendor accept their individually optimal order schedules. In the second model. a multi-products, single buyer situation is considered in which the buyer implements a joint order policy. Here, the vendor, as the dominant party, refuses to cooperate fully with the buyer's individually reduced joint order schedule, and designs his own individually optimal setup reduction mix for each product under a given budget constraint. This led to a study of an integrated Setup Reduction/Break-even Pricing Policy for each situation to eliminate mismatches in individually optimal cycle times.

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