• Journal of Digital Convergence
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• v.11 no.11
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• pp.163-168
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• 2013

In this study, we investigated the effect of the modification of the system for vocational education and training support in 2009 has on the e-learning industry in South Korea, and diagnosed the problems associated with it. And we proposed on the direction of policy promotion that can contribute to the realization of creative economy by presenting improvement alternatives of the legal system on the vocational education and training that smart learning and creative convergence HRD are included.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.43-69
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• 2008

The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.236-246
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• 2014

Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.93-103
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• 2015

In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.3-11
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• 2018

The Construction Workers Mutual Aid Association is carrying out a number of strategic tasks with the goal of "contributing to improving employment and stabilizing the return of workers to construction workers through employment welfare and retirement deduction services." One of them is the retirement deduction system. The retirement allowance system is a system for the retirement income and livelihood security of construction workers who are not adequately protected by the Labor Standards Act, such as retirement allowances due to the nature of day labor. The Construction Workers Mutual Aid Association has promoted the introduction of electronic manpower management. For the efficient management of the pilot sites and the plans for the future, comprehensive evaluation of the pilot sites as well as the evaluation of the status and operation results of each pilot project site are needed. Therefore, in this study, we will develop performance indicators to evaluate the current state of electronic manpower pilot projects and analyze the actual situation of pilot project sites through actual application, and try to derive future implementation strategies.

• Journal of the Korean Society for Library and Information Science
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• v.53 no.3
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• pp.185-213
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• 2019

The purpose of this study is to propose a rational operation plan for opening hours of public libraries in accordance with the 52-hour workweek of public institutions. The subjects of the study were six Gimhae Municipal Libraries. For the efficient operation of the Gimhae Municipal Library, the survey was conducted for the library users and staff. As a result, two proposals were made for the closed days and opening hours of the Gimhae Municipal Library. In order to balance work and life and to operate an efficient library, it is necessary to balance the cultural welfare of the citizens and the welfare of employees.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.42 no.6
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• pp.853-860
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• 2022

The purpose of this study is to suggest an improvement plan for the calculation method of the engineer standard wage rate (ESWR) and to compute a reasonable ESWR. To this end, an adequacy review of theESWR calculation criteria was conducted along with an extensive engineering industry survey. The survey results were analyzed using an effective response sample of 748 companies out of 1,000 survey samples extracted by stratifying the 5,879 survey population. The main results were as follows. ①When calculating the engineering service fee, the prime contractor's engineer wage is suitable for the ESWR. The ESWR can be estimated by the formula 'average wage÷[1-proportion of subcontract orders×(1-subcontract rate)].' ② The field survey showed that the number of monthly working days was 20.35-20.54 days at 99 % confidence interval, which was significantly different from the current standard (22 days). In addition, as a result of a legal review of the ESWR criteria, it was found that the number of working days should be calculated in accordance with the Labor Standards Act after 2022. ③ Applying government guidelines, the time difference between the wage survey and the ESWR application can be corrected by the past ESWR increase rate for a specific period. ④ Using modeling based on the analysis above, the current ESWR was 13.5-14.5 % lower than the appropriate level. A lower ESWR was driven by the non-reflection of subcontract structure (4.1 %), overestimation of monthly work days (6.8-7.8 %), and application of past wage (2.6 %). The proposed model is expected to be widely used in policy making, as it can provide a useful framework for calculating the standard wage rate in similar industries as well as calculating appropriate engineering fees.

• Convergence Security Journal
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• v.19 no.4
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• pp.143-150
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• 2019

Recently, As ICT technology develops, cyber attacks are becoming more intelligent and advanced. In order to cope with such cyber attacks, the security control system must be maintained 24 hours a day, 365 days a year. Security personnel should be able to respond in real time to cyber attacks through shift work for 24 hours, but the workforce law was revised in 2018 to affect manpower and security control work systems. Therefore, in this paper, we propose an effective security control work system by reducing 52 working hours per week.