• The Journal of Industrial Distribution & Business
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• v.11 no.9
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• pp.25-35
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• 2020

Purpose: The purpose of this study is to investigate how much continuous investment in human capital contributes to increasing labor productivity at not only individual companies but also at the national level, and causes fundamental as well as increases for labor-management conflicts. The current research aimed to empirically demonstrate the importance of human capital investment and furthermore, based on the effect of human resource investment on labor productivity, also re-examine the role of the Labor Commission as well. Research design, data, and methodology: This study was conducted by the Korea Information Service-Financial Accounting System (KIS-FAS) using representative panel data operated by countries to measure whether long-term investment in corporate human resources affects labor productivity. Results: Two distinctive summarized results of the analysis in the Korea Credit Ratings data showed that there was a high positive correlation between corporate human resource investment and economic performance for a ten-year period from 2009 to 2018. Conclusions: The present study concluded that the role of the labor committee should be effectively formed by the labor as a mediation agency and that the role of the mediation committee members should focus more on how to strengthen the human resources management of the union.

• 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.

• Journal of Labour Economics
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• v.28 no.1
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• pp.83-104
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• 2005

The Korean system of labor adjudication on the cases of unfair dismissal and unfair labor practices has been criticized by labor and management in spite of the strong point that the Labor Relations Commission processes the cases quickly. This paper empirically investigates the effectiveness of labor adjudication dealt by the Labor Relations Commission with economic approach. It shows that the grievences of labor and management on the existing labor adjudication system have come from the inadequate processes of labor adjudication rather than the favorable or unfavorable ruling. It also shows that a major deterrent to make an effective labor adjudication system has been not the problems of the selfish attitude and expectation of labor and management but the improper attitude and quality of the member and staff of the Labor Relations Commission.

• Management & Information Systems Review
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• v.30 no.4
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• pp.253-292
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• 2011

This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of the Korea Safety Management & Science
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• v.11 no.2
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• pp.9-18
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• 2009

The safety & health can not be accomplished by only one side's effort of labor and management. To establish high level of occupational safety & health system, we have to recognize the extent of participance and need to study about how to keep the labor-management cooperation in good condition. The purpose of this paper is to make better suggestions such as how to improve the labor-management cooperation and how to establish the efficient occupational safety & health law through studying the labor-management cooperation system in the occupational safety & health.

• Journal of Labour Economics
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• v.26 no.2
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• pp.129-160
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• 2003

In order to enhance the national competitiveness of the korean knowledge economy it is necessary to establish new, cooperative industrial relations. In the past mass production economy the technological innovations generally substitute the real assets for the labour so that the interest conflict between employers and employees was inherent and the resistance of the labourers to innovations was unavoidable. In the knowledge economy, however, the real assets and the labour are complementary to each other and the investments in skills and education bring increasing returns. These are the most important reasons for the common interest of employers and employees in improved skills and advanced education. In the knowledge economy, therefore, establishing and maintaining the cooperative industrial relations is a necessary condition to maximize the value creation, where in Korea the 'Tripartite Commission' can and has to play a active role.

• Korean Journal of Labor Studies
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• v.24 no.3
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• pp.109-142
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• 2018

This paper aims to analyze the Award wage system in Australia for construction workers. Considering low wages and precarious employment situation of construction workers in general, it is of advantage especially for them in Australia. Furthermore, it seems to be instructive for Korean construction workers, who stand in more precarious and unstable situation and furthermore are lack of fair wage and social safety. After strong and longstanding labour struggle in the late 19th century in Australia, it has been established a tripartite institution called as 'tribunal' between trade unions, employers, and the government. Under the highly institutionalized form of industrial relations, it functions as an arbitration and conciliation system between labour and management. The Award wage system stands in the middle point. This Award wage system including various welfare provisions is settled by the tribunal, today renamed as Fair Work Commission. In this wage system should be defined level of minimum wages according to the various skill levels, which are in turn connected with compulsory superannuation and Medicare as well as vocational education and training. Furthermore, it provides especially for the construction workers, who suffer from job instability, so-called 'portable benefits', which relate to long service leave and redundancy pay. Considering general conditions of precarious construction workers in Korea, In that respect, the Australian Award wage system would be very instructive for our social wage and safety system for construction workers.

• Journal of the Korea Safety Management & Science
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• v.22 no.2
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• pp.23-29
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• 2020

Korea's elevator industry is one of the world's eighth-largest industrial sectors and the third largest in the world by new installations. This year, the number of elevators has exceeded 700,000, and the number of new installations is 30,000-40,000 every year. However, the news of elevator-related accidents is reported continuously through the media and the accident rate is not decreasing. In particular, among the recent accidents related to elevators, accidents related to elevator workers are increasing, causing social problems. This year, the National Assembly's Environmental Labor Relations Commission's National Auditors lost five lives a year and 12 elevator workers were killed in fall and stenosis accidents during the installation, maintenance and replacement of the elevators for about two years since 2018. It took place to adopt the representatives of four domestic elevator companies as witnesses. An elevator worker is a collective term for workers involved in the design, manufacturing, installation, replacement, maintenance, inspection, management, and supervision related to the elevator industry, and the related accidents are called elevator worker accidents. Analysis of elevator-related accidents in the past has shown that the fault of the user accounted for 70% of the total, and the fault of the worker accounted for about 2.5%, and the accident occurred to the user or the user due to carelessness of the worker during the lift-related work. Currently, elevator-related accidents are reported by the Korea Elevator Safety Agency under Article 48 of the Elevator Safety Management Act under the Ministry of Interior and Safety. If deemed necessary for the prevention and prevention of recurrence of an elevator accident, the cause and condition of the elevator accident may be investigated. However, the current draft law is limited only to elevators after installation inspection, and is separated from the Ministry of Employment and Labor's data on accidents occurring in the manufacturing and installation stages related to the elevator industry. This study analyzes the recent safety accidents of elevator workers and prepares safety measures to prevent them through the risk analysis, and also draws out the problems and improvements of the current elevator worker accident investigation to find the elevator worker accident rate that is on the increase trend.