• Title/Summary/Keyword: Compulsory Management

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The Analysis of the Effect of Compulsory Arbitration in Labor-Management Relations Arbitration - Can Compulsory Arbitration Carry Out a Strike-Like Function in Collective Bargaining? - (노사강제중재제도(勞使强制仲裁制度)의 효율성(效率性) 분석(分析) - 강제중재(强制仲裁)의 파업행위기능(罷業行爲機能) 대행(代行) -)

  • Beak, Gwang-Gi
    • Korean Business Review
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    • v.1
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    • pp.115-134
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    • 1987
  • The increased number of organized employees and amount of collective bargaining in the public sector has caused many industrial relations students to pay attention to the compulsory arbitration mechanism. Some of these have criticized the compulsory arbitration on the grounds that it tends to replace collective bargain ing itself. They argue that each party lacks the incentive to concede and compromise that is so necessary in reaching agreements as long as the threat and/or use of strike is unavailable to them. On the other hand, the proponents of the compulsory arbitration maintain that compulsory arbitration carries out a strike like function by imposing the cost of disagreement. This paper is primarily concerned with these contradictory issues. More particularly, an attempt is made to analyze the impact of the compulsory arbitration mechanism upon the collective bargaining process by developing a bargaining model with explicit considerations of the determinants of the concession behavior of each party as a function of the cost of disagreement and the risk willingness relationship between the parties. The analysis in this paper leads to a synthesis of the above competing arguments, and shows that those contradictory views on the effect of the compulsory arbitration are mainly due to their failure to con sider the concession process.

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A Study on the Improvement of Compulsory Arbitration System in Labor Dispute of Korea (한국노동쟁의에 있어서 직권중재제도의 개선에 관한 연구)

  • Lee, Hoi-Kyu
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.153-185
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    • 2006
  • This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

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Compulsory Licensing as a price control and supply policy of patented drugs : Is it a possible alternative in South Korea? (특허신약의 가격통제 및 공급 정책으로서의 강제실시 : 한국에서의 가능성과 한계)

  • Byeon, Jin-Ok;Chung, Jung-Hoon
    • Health Policy and Management
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    • v.20 no.1
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    • pp.64-86
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    • 2010
  • Korea has had problems with the price and supply of essential drugs such as Gleevec for leukemia, Fuzeon for HIV/AIDS, and Tamiflu for both avian flu and swine flu. The shortage or refusal of patented drugs supply is imposing a heavy burden in not only developing countries but also developed countries. Thinking over the serious results, we need to concern about the limited access to patented drugs by multinational drug companies' patent monopoly especially for pandemic and life threatening diseases. The effective response regarding to pandemic and life threatening diseases. The effective response regarding to pandemic situation requests collaborative and unbiased provisions of all countries in the world, however, sometimes patent monopoly may hinder the efforts. Compulsory licensing has been considered to be a useful alternative to the abuse of patent rights. However, the Korean experiences of compulsory licensing have left some controversial issues in connection with the availability of it in Korea. 'Flexibility' allowed in TRIPS and Doha Declaration has not come into effect in Korea for several reasons. Although the situation shows the limitations of compulsory licensing as a pharmaceutical supply policy, it is clear that compulsory licensing still has the possibilities of enhancing the access to medicines of all countries in need. Through searching the institutionalization process and experiments of compulsory licensing in Korea, this article explores the possibilities and the limits.

A Comparative Study on Korean Compulsory Multiple Prime Contract System (건설산업 제도개선을 위한 분할·분리 발주 제도의 선진화 방안 연구)

  • Kim, Sang-Bum;Cho, Ji-Hoon
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.2
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    • pp.184-193
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    • 2013
  • Procurement System for Korean construction industry has mainly been controlled by the complicated regulatory system which has been recognized as unflexible and remotely separated from the global standard. This has been identified by many Korean construction experts as one of the main reasons that hamper the Korean construction industry becoming the global leader. One commonly discussed regulatory system is the compulsory multiple contracting system that has been enforced for a long time. According to the Korean governmental contracting law 68-3, all construction projects cannot be divided into separate contracting packages with a few exceptions. Exceptions stated in the law include construction activities related electrical, Information communication, fire-fighting, and cultural assets which all are governed by the separate laws/acts controlled by the different governmental bodies. This research is to closely investigate multiple prime contracting system that has been compulsory in Korean construction industry and to provide policy recommendations to these restrictions. Although, there has been a long history of this compulsory contracting system, this study attempted to provide objective analysis on current status of the system as well as global standard on the issue. This study suggests main considerations when considering different contracting system such as rights of owners, flexibilities of regulatory systems, and efficiencies of conducting a construction project. It is envisioned that recommendations from this study, if accepted by the regulatory bodies, would improve the Korean construction contraction system by making it more compatible with global standard. Moreover, these would help making the Korean industry more effective in terms of regulatory restrictions.

The Comparison of Apartment Management System Between Korea and Japan (한국과 일본의 공동주택 관리제도 비교)

  • Kang, Hye-Kyoung
    • Journal of Family Resource Management and Policy Review
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    • v.10 no.3
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    • pp.45-62
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    • 2006
  • This research is carried out to inspect the Apartment Management System of Japan, to examine the similarities and differences between the Korean Apartment Management System and the Japanese Apartment Management System. First, as the basis law of apartment management, there exists the Building Unit Ownership Act, the Promotion Law fur Adequate Mansion Management of Japan, the Housing Law, Housing Execution Law and Rule of Korea. Second, the Association of Apartment Owners, an organization of owners of apartments in Japan and the Commission of the Representatives of the Occupants in Korea become the subject of maintenance. The Japan structure is made of the Assembly, the Director and the President. The Korean structure is made of Regular and Temporary Conferences and elected Officers(1 president, at least 2 directors and at least 1 inspector). The Commission of the Representatives of the Occupants and the Organization of Owners of Apartments make bylaws and diverse maintenance rules. Third, the foremost reason why the Korean structure of maintenance of apartments is less efficient than Japan is because of the small number of people dispatched to the living-environment maintenance team and their short terms. It is necessary to grow professionals related to this sector and to have enough public servants that specialize in this. Fourth, although it is compulsory to make long term plans for maintenance based on the Housing Law, because the reserve fund is decided by the maintenance rule(with no compulsory standards of reservation) of each apartment, it is difficult to reserve an adequate amount of reserve fund. So as in the example of the state of Hawaii in America, based on long term plans for maintenance, an execution rule of the Housing Law should be made which enforces to reserve at least 50 percent of future maintenance expenses.

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A Study on the Improvement of the System for the Production and Management of Compulsory Records of the Local Government: Focusing on Y County in Jeollanam-do (지방자치단체의 생산의무기록물 생산·관리제도 개선안 연구: 전라남도 Y군을 중심으로)

  • Kim, Ok-Su;Lee, Myounggyu
    • Journal of Korean Society of Archives and Records Management
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    • v.21 no.1
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    • pp.1-18
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    • 2021
  • Korea's public institutions produce mandatory production records under the "Public Records Management Act" and submit statistics on production status to the National Archives of Korea every year. However, there is a difference between the actual status of compulsory records produced by local governments and the status statistics submitted to the Archives. Based on this, an improvement plan was proposed after identifying problems with the production management system of the production obligation records. In particular, the scope of the production obligation records is ambiguous, and the person in charge lacks an understanding of the specific scope. In addition, only certain work-oriented records are being produced. As such, the improvement plan shall clearly determine the target of the local government's production obligation records, and the person in charge of the affairs shall understand it and implement an ordinance on the production and management of the local government's production obligation records.

A Study on Improving National Competency Standard (국가직무능력표준(NCS: National Competency Standard)의 개선방안에 관한 연구)

  • Park, Jae-Hyeon;Choi, Sung-Hee;Jung, Young-Deuk
    • Journal of the Korea Safety Management & Science
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    • v.22 no.4
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    • pp.17-26
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    • 2020
  • In Korea, primary school (also junior high school) is compulsory and free since 2004. But it looks high school is also compulsory, as over 80% of adults has a high school diploma currently. For 20 years improving high school education is only education-oriented, rather than occupation-oriented. And, the mismatch between the occupational requirement and the lesson from school is getting larger. To resolve this issue, the Korean government builds and utilizes National Competency Standards(NCS) to realize a competence-oriented society. With NCS, the government enables to run of a work-study program and tries to suggest the fundamental solution to improve occupational ability and the unemployment of young people. However, the prejudice against the education level and occupation is still engrained, and it is hard to match the education-career-qualification based on NCS. Therefore, we study NCS from the definition to the utilization, suggest an improving method to flexibly utilized the standards in the fields, and continuously improve and develop the NCS.

Management and Use of Oral History Archives on Forced Mobilization -Centering on oral history archives collected by the Truth Commission on Forced Mobilization under the Japanese Imperialism Republic of Korea- (강제동원 구술자료의 관리와 활용 -일제강점하강제동원피해진상규명위원회 소장 구술자료를 중심으로-)

  • Kwon, Mi-Hyun
    • The Korean Journal of Archival Studies
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    • no.16
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    • pp.303-339
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    • 2007
  • "The damage incurred from forced mobilization under the Japanese Imperialism" means the life, physical, and property damage suffered by those who were forced to lead a life as soldiers, civilians attached to the military, laborers, and comfort women forcibly mobilized by the Japanese Imperialists during the period between the Manchurian Incident and the Pacific War. Up to the present time, every effort to restore the history on such a compulsory mobilization-borne damage has been made by the damaged parties, bereaved families, civil organizations, and academic circles concerned; as a result, on March 5, 2004, Disclosure act of Forced Mobilization under the Japanese Imperialism[part of it was partially revised on May 17, 2007]was officially established and proclaimed. On the basis of this law, the Truth Commission on Forced Mobilization under the Japanese Imperialism Republic of Korea[Compulsory Mobilization Commission hence after] was launched under the jurisdiction of the Prime Minister on November 10, 2004. Since February 1, 2005, this organ has begun its work with the aim of looking into the real aspects of damage incurred from compulsory mobilization under the Japanese Imperialism, by which making the historical truth open to the world. The major business of this organ is to receive the damage report and investigation of the reported damage[examination of the alleged victims and bereaved families, and decision-making], receipt of the application for the fact-finding & fact finding; fact finding and matters impossible to make judgment; correction of a family register subsequent to the damage judgement; collection & analysis of data concerning compulsory mobilization at home and from abroad and writing up of a report; exhumation of the remains, remains saving, their repatriation, and building project for historical records hall and museum & memorial place, etc. The Truth Commission on Compulsory Mobilization has dug out and collected a variety of records to meet the examination of the damage and fact finding business. As is often the case with other history of damage, the records which had already been made open to the public or have been newly dug out usually have their limits to ascertaining of the diverse historical context involved in compulsory mobilization in their quantity or quality. Of course, there may happen a case where the interested parties' story can fill the vacancy of records or has its foundational value more than its related record itself. The Truth Commission on Compulsory mobilization generated a variety of oral history records through oral interviews with the alleged damage-suffered survivors and puts those data to use for examination business, attempting to make use of those data for public use while managing those on a systematic method. The Truth Commission on compulsory mobilization-possessed oral history archives were generated based on a drastic planning from the beginning of their generation, and induced digital medium-based production of those data while bearing the conveniences of their management and usage in mind from the stage of production. In addition, in order to surpass the limits of the oral history archives produced in the process of the investigating process, this organ conducted several special training sessions for the interviewees and let the interviewees leave their real context in time of their oral testimony in an interview journal. The Truth Commission on compulsory mobilization isn't equipped with an extra records management system for the management of the collected archives. The digital archives are generated through the management system of the real aspects of damage and electronic approval system, and they plays a role in registering and searching the produced, collected, and contributed records. The oral history archives are registered at the digital archive and preserved together with real records. The collected oral history archives are technically classified at the same time of their registration and given a proper number for registration, classification, and keeping. The Truth Commission on compulsory mobilization has continued its publication of oral history archives collection for the positive use of them and is also planning on producing an image-based matters. The oral history archives collected by this organ are produced, managed and used in as positive a way as possible surpassing the limits produced in the process of investigation business and budgetary deficits as well as the absence of records management system, etc. as the form of time-limit structure. The accumulated oral history archives, if a historical records hall and museum should be built as regulated in Disclosure act of forced mobilization, would be more systematically managed and used for the public users.

Clinical Nutrition Management Status in Convalescent Hospitals Before and After Healthcare Accreditation Process (요양병원인증제 전·후의 요양병원 임상영양관리 현황 비교)

  • Lee, Changhee;Lee, Soo-Kyung
    • Journal of the Korean Dietetic Association
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    • v.20 no.3
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    • pp.199-211
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    • 2014
  • The increasing elderly population has created an urgent need for well-managed convalescent hospitals, which should provide appropriate clinical nutrition services. The new accreditation policy requiring participation of all convalescent hospitals since 2013 may promote improvement of clinical nutrition services. This study examined whether or not the accreditation policy has increased practice level and dietitians' perception of the importance of clinical nutrition management. Of the 177 convalescent hospitals accredited by January 30, 2014, dietitians from 73 hospitals (41.2%) completed the survey questionnaire. The pre-tested questionnaire surveyed general characteristics of the hospital and dietitians, current status of clinical nutrition management, and changes in the perception and practice levels of various aspects of food and clinical nutrition management. In average, dietitians with more than 5 years of work experience (68.1%) provided food and clinical nutrition services (71.2%). After accreditation, dietitians' perception of the importance and practice level of clinical nutrition service increased (P<0.001). Level of perception, however, was significantly (P<0.001) higher than practice level before and after accreditation. During perception and practice level of initial nutrition assessment, a compulsory accreditation item, notably and significantly (P<0.001) improved after accreditation. The significant difference between perception and practice level disappeared after accreditation. In conclusion, the accreditation process had positive effects on clinical nutrition management in terms of dietitians' perception and practice levels. Making more accreditation items compulsory and providing motivation and professional education to dietitians in convalescent hospitals could lead to additional improvements.

A Study on the Influencing Factors of Globalization of Chinese Public Enterprises (중국 공기업의 세계화 영향 요인에 관한 연구)

  • Xie Li;Tae-Hyoung Mun
    • Journal of Industrial Convergence
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    • v.20 no.12
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    • pp.145-153
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    • 2022
  • This study is an empirical analysis of the major factors influencing the globalization level of Chinese public enterprises. Based on previous research, we conducted a regression analysis using the transnational index as a dependent variable and export tax refund, exchange rate, human resources, innovation ability, asset management ability, loan ability, corporate development stage, global deployment ability, etc. as independent variables. As a result of the empirical analysis of this study, it was found that export refund (E_tax) and exchange rate (E_rate) have a statistically significant effect on the external influencing factors of globalization. Human resource capabilities (Edu, O_hunan), innovation capability (R&D), and financing capability (Finance) were found to be important internal influencing factors for the globalization of public enterprises. The role of the government in establishing the strategy of SOEs should be maintained at the level of guidance and it should provide guidance so that the autonomy of SOEs is not restricted as the role of the government is separated from the government's compulsory management and supervisory functions, leading to excessively compulsory management.