• Journal of the Korean Home Economics Association
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• v.11 no.1
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• pp.75-91
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• 1973

It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.

• Korea Trade Review
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• v.42 no.1
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• pp.1-25
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• 2017

By applying the AHP(Analytic Hierarchy Process), we have analyzed the importance and the order for priorities to the management risk factors of Korean SMEs & Venture companies in China. The major management risk factors of manufacturing companies were the rise in labor costs followed by fierce competition in the marketplace, problems involved with human resource management and the rise in the cost of materials. In the case of companies manufacturing electronic products, the rise of labor costs and alteration in government's tax policy were seen as the main risk factors. In the case of chemical product manufacturing companies, the reinforcement of environmental protection law and in automobile component manufacturing companies, apart from the rise in labor cost, the increase in raw materials costs were analyzed as the main risk factors. While considering the time period, the main risk factors of the companies that entered China in the 1990's were fierce competition and alteration in government's tax policy and for the companies that entered China in the 2000's, increase in raw material cost, the rise in labor cost etc were analyzed to be the main risk management factors.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• Safety and Health at Work
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• v.1 no.1
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• pp.19-28
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• 2010

Industrial Safety and Health Law (ISH Law) of Japan requires abnormalities identified in evaluations of worker health and working environments are reported to occupational physicians, and employers are advised of measures to ensure appropriate accommodations in working environments and work procedures. Since the 1980s, notions of a risk assessment and occupational safety and health management system were expected to further prevent industrial accidents. In 2005, ISH Law stipulated workplace risk assessment using the wording "employers shall endeavor." Following the amendment, multiple documents and guidelines for risk assessment for different work procedures were developed. They require ISH Laws to be implemented fully and workplaces to plan and execute measures to reduce risks, ranking them from those addressing potential hazards to those requiring workers to wear protective articles. A governmental survey in 2005 found the performance of risk assessment was 20.4% and common reasons for not implementing risk assessments were lack of adequate personnel or knowledge. ISH Law specifies criminal penalties for both individuals and organizations. Moreover, under the Labor Contract Law promulgated in 2007, employers are obliged to make reasonable efforts to ensure employee health for foreseeable and avoidable risks. Therefore, enterprises neglecting even the non-binding provisions of guidelines are likely to suffer significant business impact if judged to be responsible for industrial accidents or occupational disease. To promote risk assessment, we must strengthen technical, financial, and physical support from public-service organizations, encourage the dissemination of good practices to reduce risks, and consider additional employer incentives, including relaxed mandatory regulations.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.367-373
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• 2013

Objectives: Employee exposure record refers to a record containing information about environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent. The aims of this study were to examine problems related to exposure records and provide some amendments to the Korean Industrial Safety & Health Act for the effective management of chemical substances under the law. Methods: This study performed a literature search and review on legal provisions related to exposure records of a number of different countries, including Korea, the USA, Japan, EU, Germany, and the UK. They were compared and investigated and the amendment of articles was suggested. Results: The results of this study were provided as suggested amendments to the related act. There were a variety of ways of improvement, including a 30-year retention period and the introduction of new access methods, contents, transfer, and maintenance methods. All exposure data elements have to be standardized, including reference to a similar exposure group (SEG), sampling strategy, and circumstances of exposure (e.g., date, shift length, use of personal protective equipment, etc.). The SEGs are described by process, job, task, and environmental agent. Conclusions: This study is expected to provide for the amendment of the related act in order to ensure effective management of exposure records and is helpful for solving the cause and result of occupational disease by keeping exposure records according to the Industrial Safety & Health Act.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.

• Journal of Families and Better Life
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• v.20 no.4
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• pp.89-102
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• 2002

Genetically modified foods may be defined as the foods deemed as safe by current technology among the many kinds of agricultural and stockbreeding products that are now under research and development using contemporary gene-modification techniques. This study examines hotly debated arguments, both for and against genetically modified- foods, in various countries. This study also investigates consumers'rights and responsibilities. Countries that are developing and exporting genetically modified organisms(GMO) have maintained that GMO can help produce more crops while reducing labor and other production-related costs, and that the genetically modified foods signify ″the second green revolution,″ which will solve future food and environmental problems by strengthening specific nutritive substances and extending shelf-life. But consumer groups, environmental organizations. and food-importing countries are more cautious about importing and consuming those foods because the potential dangers of GMO to human bodies and the environment have not been tested thoroughly yet. South Korea, following suit with others such as EU, Japan, Australia, and New Zealand, introduced a law on 'Labeling of Genetically Modified Foods', which went in effect in March, 2001, on the basis of customers'rights to make informed choices. The law takes the ″precautionary principle″ into consideration, rather than stopping at insuring ″substantial equivalence″ in developing and consuming GM foods. The actual impact of the law will depend on the level of citizens'Participation more than on the government's willingness to carry out the law. So far the level of Korean consumers'consciousness about genetically modified foods is very low. Therefore, it is hard to expect consumers to exercise their ″rights not to buy″ foods that are potentially unsafe. The Korean government must devise an effective plan to inform and educate the people about the labeling of genetically modified foods.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.