• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.247-291
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• 2018

This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.9
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• pp.93-102
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• 2019

This study examined the nurse's emotional exhaustion and influencing factors, and the relationship between emotional burnout and hospital nursing workload using multilevel logistic regression analysis. The study subjects were 3,083 nurses of 65 hospitals, who participated in the training conducted by the Healthcare Industry Trade Union in 2010 and responded to the questionnaire. First, 71.6% of nurses experienced emotional exhaustion, and the average score of emotional exhaustion was 33.53. Second, the 'non - nursing work experience' showed a significant effect on emotional exhaustion. Third, the 'sufficient nursing staff' variable increased the emotional exhaustion. Fourth, the nursing grades were correlated significantly with emotional exhaustion compared to those with more than four beds per nurse. Fifth, in the case of working in the internal ward, the shorter the clinical career, the higher the emotional exhaustion. In other words, higher emotional exhaustion was associated with more nursing work experience, more perceived insufficient nursing staff, more nurses per bed, the department of internal medicine, and a shorter clinical career.

• Analytical Science and Technology
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• v.20 no.3
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• pp.183-192
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• 2007

The various environmental regulation directives such as RoHS (restriction of hazardous substances in electrical and electronic products) and WEEE (waste from electrical and electronic equipments) are practically used as the technical barrier in international trade (TBT) of vehicles and electrical and electronic products recently. Regarding such an environmental regulation, Korea Research Institute of Standards Science (KRISS) organized a proficiency testing scheme to establish the reliability of measurement results produced by the relevant research institutes and test laboratories in Korea. Participants were 31 laboratories related to production of the electrical and electronic equipments and mobile vehicles. Two polypropylene samples of pellet type were employed as the proficiency testing materials (PTMs). Cadmium and lead were the analytes chosen among six components regulated in European Union (EU) RoHS directive. The PTMs were sent to the participants by post on September $1^{st}$ 2006, and deadline for results submission were October $10^{th}$ 2006. The results of each laboratory were evaluated in comparison with KRISS reference values using Robustic Z-score and Youden plot methods. The results of the various sample digestion methods were also compared. Most of participants reported good agreement within 10 % range of reference values. However, results from several laboratories showed significant biases from reference values. These laboratories should establish the quality assurance system for improvement of the measurement reliability.

• Journal of Korea Port Economic Association
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• v.23 no.3
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• pp.165-184
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• 2007

This study reviews the concept and protection system for the geographical Indication(GI) to support the Korea-EU FTA. A geographical indication(GI) is a name or sign used on certain products or which corresponds to a specific geographical indication or origin (eg. a town, region, or country). The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. In the WTO Agreement on Trade-Related Aspects of Intellectual property Rights("TRIPS"). There are, in effect, two basic obligations from Article 22 to article 23 on WTO member governments relating to GIs in the TRIPS agreement. Geographical Indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions, Under European Union Law, the protected designation of origin system which came into effect in 1992 and 2003 regulates the following geographical indications: Protected designation of origin(PDO) and protected geographical indication(PGI) and Traditional Specialty Guaranteed(TSG). They have 5,000 articles for GI. We have the GI system and 40 articles rotating to registration by the law for quality management of production in agriculture. Cinclusinally, geographical indications could potentially serve as tools to helf holders of trade benefit more equitable through the mutual Acceptance for Korea-EU FTA.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.327-353
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• 2017

The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• Korean Journal of Labor Studies
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• v.24 no.3
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• pp.143-178
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• 2018

This study is aimed at empirically examining the Korean unionists' solidarity using the survey of 476 full-time workers employed at the unionized workplace. It also questions the determinants affecting the unionist' willingness to be united with the contingent workers. The Korean unionism has faced the biggest challenge, that is, the crisis-in-worker solidarity. Although prior literature has noted the crisis in Korean unionism, it lacks a solid investigation of individual workers' perception of solidarity which may play a key role in building up worker-solidarity in the union movement. This study first examines the three sources of solidarity allowing for the historical and theoretical approach to the modern solidarity; economic interests, worker-identification and empathy, which provide an emprical framework for this study. The empirical evidences shows dynamic aspects as of how the full-timers perceive solidarity with the non-regular workers in the three terms of solidarity. First, full-time unionists share rare willingness to be united with contingent workers in terms of economic solidarity. In addition, the KCTU (Korean Confederation of Trade Unions) with social reformative orientation has little influence on increasing their member's orientation towards solidarity. Second, it is found that full-time unionists have more willingness to identify themselves with the non-regular workers as a member of the labor class. The KTCU is also positively associated with their member's will of identification with contingent workers. Third, the unionists, however, show little empathy toward non-regular workers, which is contrast to the willingness to worker identification. No causality is also found between the KTCU and their members' empathy for the others.