• Journal of Legislation Research
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• no.41
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• pp.125-170
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• 2011

In Korea, the evolution of welfare for people with disabilities can be divided largely four stages. The first phase is before 1981, the second is from 1981 to 1988, the third is from 1989 to 2006 and the fourth phase is from 2007 to now. In the first phase people with disabilities were considered as ones of charity. In the second period the welfare ideal for people with disabilities was appeared. In the third, the framework of welfare system for people with disabilities was formed and welfare services began to be expanded. The fourth phase has been the time to secure human right and social services for people with disabilities. In Korea, for people with disabilities, 2007 was the year of historical turning point. "The Act of Prohibition on Disability Discrimination and Remedy for Right"was built that year and became effective the next year. Also "The Special Education Act for People with disabilities" was enacted newly. "The Disabled Welfare Act" was amended for the change of welfare paradigm. The change is introduction of Independent Living. After 2007 Korean legal systems for people with disabilities have been improved largely.

• Journal of the Economic Geographical Society of Korea
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• v.19 no.2
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• pp.378-398
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• 2016

This paper aims to clarify the process of institutionalization of customary land ownership along with the expansion of coffee plantation in Dak Lak Province, Vietnam. Vietnam is the second-largest coffee exporter in the world. Most of the coffee areas are concentrated in Dak Lak-a province of commercial agricultural production. The expansion of coffee plantation in Dak Lak have brought a severe competition of land resources, and resulted in the transition of land ownership scheme from customary commons by ethnic minorities to those of exculsive private assets which is secured by the state. Institutionalization of customary land ownership in Dak Lak, however, was differently happened according to the geography from the center of state power as well as the value of land resources. In this paper, the authors argue that institutionalization of customary land ownership in Dak Lak was a result of compromising between statemaking process in the frontiers and "everyday resistance" of ethnic minorities, comparing 3 geographically different ethnic minorities' communities.

• Korean Journal of Labor Studies
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• v.23 no.2
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• pp.79-108
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• 2017

Using data sets from the Korean Labour and Income Panel Study (KLIPS) for the period 2003-2015, this study shows that wages of nonunion workers are positively related to the percentage of unionized workers in the same geographic region. A 10 percentage point increase in a region's union density is associated with a 4.9 percent increase in the region's average wage of nonunion workers. It is also shown that this positive spillover effect is observed for various subgroups of nonunion workers, including women, youth, low-educated workers, small firm employees, and those employed under nonstandard work arrangements. In contrast, the average wage of union workers is found to respond insignificantly to changes in a region's union density.

• Spatial Information Research
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• v.17 no.4
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• pp.469-481
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• 2009

Due to the increasing demands on the efficient use of land and the fast growth of construction technologies, human living space is expanded from on the surface to above and under the surface. By recognizing that the current cadastre system based on 2D was not appropriate to reflect the trend, the researchers are interested in a 3D cadastre. This paper proposed the 3D cadastre data model that is appropriate to protect ownership effectively in Korea. The 3D cadastre data model consists of a 3D cadastre feature model and a 3D cadastre geometry model, and the data are produced by a 3D cadastre data structure. A 3D cadastre feature model is based on 3D rights and features derived from case studies. A 3D cadastre geometry model based on ISO19107 Spatial Schema is modified to be good for 3D cadastre in Korea. A 3D cadastre data structure consists of point, line, polygon and solid primitives. This study finally purposes 1) serving and managing land information effectively, 2) creating rights and displaying ranges about infrastructures above and under surface, 3) serving ubiquitous-based geoinformation, 4) adapting ubiquitous-based GIS to urban development, and 5) regulating relationships between rights of land and registration and management systems.

• Convergence Security Journal
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• v.16 no.7
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• pp.129-137
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• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• 재활복지
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• v.17 no.4
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• pp.1-26
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• 2013

As the social development progress, social welfare policy for people with disabilities also advance to meet rights of people with disabilities. The personal assistance service(PAS) is the primary service system for persons with disabilities based on guaranteeing the self-determination. The purpose of this study was to compare the personal assistance service system between Japan and Korea to propose improvement plan for Korean system. The comparison of two countries was based on current situation analysis of PAS. The analysis on eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible etc. The result showed that PAS in Korea is served according to administration convenience than personal need based. Korean PAS policies are limited to particular service amount and type of needed services to satisfy personal PAS need. Whereas, Japan PAS system is served on the philosophy of independent living paradigm and therefore, PAS is provided on personal service needs. The service emphasis is on self-determination and rights on service selection for persons with disabilities. The recommendation for improvement of PAS in Korea are as followed. First, PAS should served under independent living paradigm. Paradigm based service is important because it effects the main theme of PAS; the self determination and rights of service selection. Second, reconstruction of PAS system is needed. As it showed on analysis, eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible need to be supplemented. Last, to better serve PAS, case management method should be apply. Case management would contribute to settlement of PAS system in Korea. Thru case management, participation opportunities of people with disabilities must be provided during the selection of service quantity and type of PAS.

• Journal of Digital Convergence
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• v.11 no.3
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• pp.1-12
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• 2013

Present study examines the gender disparity in terms of its beneficiaries or benefit amount of National Pension of South Korea from the perspective of gender sensitivity. National Pension system has been manipulated and developed in order to maximize its universality. However, substantial gender differences are still found in terms of beneficiary number and benefit amount in the program. Benefit condition and benefit structure are determined assuming that male is the primary breadwinner in household and the primary regular full time worker in labor market. Women are only counted as dependents or excluded as unstable workers. As a result, women are fully or partially excluded from the program as they are excluded in other public sector such as labor market. Women's work (such as caring and housekeeping) are not taken into account in National Pension program. Policy suggestions for the National Pension of South Korea are also provided as the last part of this paper.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.23-80
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• 2018

Since the 1960s, the United States' (U.S.) deinstitutionalization policy has reinstated people with mental illness into communities. Unfortunately, when untreated, some people with psychiatric disorders become homeless, and some commit serious crimes during a psychological crisis. Assisted Outpatient Treatment (AOT), also known as Kendra's Law in New York and Laura's Law in California, provides treatment, services and support to people with mental illness in the community. AOT has repeatedly been found effective and is recognized as an evidence-based practice. The response to the mental health crisis (crisis intervention) in the U.S. has also been successful in preventing worsening mental illness and related criminality and other issues. This paper provides an opportunity to create a platform from which to learn how to successfully apply the AOT and crisis intervention of the U.S. to South Korea within the cultural and societal context when establishing social services for people with mental illness in South Korea's communities.

• Journal of Venture Innovation
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• v.5 no.3
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• pp.57-70
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• 2022

In modern industrial capitalism, the relationship between the provision of work and the receipt of wages has become an important principle governing society. According to the labor contract, the wages provided by entrusting the right to dispose of one's labor to the employer are directly compensated, and human life should be guaranteed and reproduced with proper rest. The establishment of labor relations under free contracts represents a problem in protecting workers, and accordingly, the maximum of working hours is set as a minimum right for workers, and the standard for minimum rest is set and assigned. The reduction of working hours is very important in terms of the quality of life of workers, but it is also an important issue in efficient corporate activities. As of 2020, Korea has 1,908 hours of annual working hours, the third lowest among OECD 37 countries in the happiness index surveyed by the Sustainable Development Solution Network(SDSN), an agency under the United Nations. Accordingly, the necessity of reducing working hours has been recognized, and the maximum working hours per week has been limited to 52 hours since 2018. In this situation, various working hours are legally excluded as a way to maintain the company's value-added creation and meet the diverse needs of workers, and Korea's Labor Standards Act restricts flexible working hours within three months, flexible working hours exceeding three months, selective working hours, and extended working hours. However, in the discussion on the application of the revised flexible working hours system in 2021 and the expansion of the settlement unit period recently discussed, there is a problem with the flexible working hours system, which needs to be improved. Therefore, this paper aims to examine the problems of the flexible working hours system and improvement measures. The flexible working hours system is a system that does not violate working hours even if the legal working hours are exceeded on a specific day or week according to a predetermined standard, and does not have to pay additional wages for excessive overtime work. It is mainly useful as a form of shift work in manufacturing, sales service, continuous business or electricity, gas, water, and transportation for long-term operations. It is also used as a way to shorten working hours, such as expanding holidays through short working days. However, if the settlement unit period is expanded, it is disadvantageous to workers as the additional wages that workers can receive will not be received. Therefore, First, in order to expand the settlement unit period currently under discussion, additional wages should be paid for the period expanded from the current standard. Second, it is necessary to improve the application of the flexible working hours system to individual workers to have sufficient consultation with individual workers in a written agreement with the worker representative, Third, clarify the allowable time for extended work during the settlement unit period, and Fourth, limit the daily working hours or apply to continuous rest. In addition, since the written agreement of the worker representative is an important issue in the application of the flexible working hours system, it is necessary to secure the representation of the worker representative.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.