• Title/Summary/Keyword: Labor Standard Act

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Improvement Plan of the Relevant Law to Protect Professional Support and Rights of Artists (예술인의 직업적 지원과 권리보호를 위한 관련법의 개선방안)

  • Noh, Jae-Chul;Kim, Kyung-Jin
    • The Journal of the Korea Contents Association
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    • v.18 no.8
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    • pp.483-493
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    • 2018
  • Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

Improvement of CM Fee Estimation Criteria for Efficient CM Service (건설사업관리업무 효율화를 위한 대가 산출기준 개선방향)

  • Cho, Youngjun;Sung, Youngmo
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.2
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    • pp.105-112
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    • 2019
  • As the Construction Technology Promotion Act was revised in 2015, the term of Supervision was removed and Construction Management was included instead. The consideration of Construction Management shall be based on the cost plus fee method specified in the Criteria for the Cost of Construction Technology Services of the Ministry of Land, Infrastructure and Transport. Nevertheless, it is based on the construction cost ratio in accordance with the Economy and Finance Ministry's Detailed Guidelines for Preparing the 2018 Budget Plan and Fund Management Plan (Manual for Business Type and Item). As a result, it has been expected that Construction Management consideration will be calculated according to a single government standard and that the Criteria will be applied reasonably. In addition, although the change in the Labor Standard Act has a significant effect on the working environment of the construction site, the nature of the construction site is not considered in this Act. Based on these problems, the study suggested that the government should apply a single standard after consultation with the relevant agencies when calculating the consideration for Construction management, that the scope of the Criteria for the Cost of Construction Technology Services should be clear, that the amount of input by the Construction Manager should be considered for the capability of engineers and the number of working days, and that construction characteristics should be considered when determining the number of working days and hours.

A Heuristic Approach to the Shift-scheduling Considering the Balance of Work-load in Nuclear Power Plants (호텔 요리사의 인간공학적 작업 위험성 평가)

  • Kim, Dae-Ho;Yun, Young-Su;Lee, Yong-Hee
    • Journal of the Ergonomics Society of Korea
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    • v.25 no.4
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    • pp.1-7
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    • 2006
  • The purpose of this study is to develop an efficient algorithm for the management of the shift schedule in nuclear power plants in consideration with the ergonomic criteria and the regulatory codes. The ergonomic criteria considered are the work hours, overtime-work frequency and working time, start and finishing time of works, allocation of rest times and duty-offs, rotating of shifts, etc. to comply with the regulations such as the Labor Standard Act, the ILO Convention No. 171, 178, "the detailed content of a periodic safety review," enforcement regulations 19-2 of the Atomic Energy Act. The developed algorithm for the shift schedule program adopts a heuristic method to minimize the difference the workload for shift workers in nuclear power plants.

Comparative study of the Korean Regulations, Standards and Guidelines for the Human Vibration with Other Countries

  • Kim, Day Sung;Lee, Dong-Kyung;Kim, Kyoo Sang
    • Journal of the Ergonomics Society of Korea
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    • v.32 no.4
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    • pp.321-331
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    • 2013
  • Objective: The aim of this study is to review the literatures on the regulation, standard and guideline for the human vibration in Korea and other countries. Background: This review can be used to prevent various diseases caused by the human vibration as a basis for the development of the policy. Results: In Korea, the general employers' duties related to human vibration are set forth the Health Measures(Article 24) in the Occupational Safety and Health Act. And then an employer shall take measures to protect the health of the workers concerned by improving other working conditions relating to working hours for the vibration prevention measures referred to in Article 24 of the Act. The European Union adopted a Directive in 2002 on minimum requirements for the health and safety of workers exposed to vibration. New Regulations on Vibration at Work will be introduced in Great Britain on 2005 to implement the Directive. In the U.S., both ANSI and ACGIH adopted the ISO standard for measurement and suggested exposure action and limit values. In Japan, the Ministry of Labor decided that the vibration syndrome among operators of rock drills and riveters etc. could be included in an occupational disease(1947). In addition, ISO standard was based on proposals and draft documents of many countries such as U.K, Japan and European, etc. Conclusion: In Korea, Occupational Safety and Health Act prevent vibration to health, but do not include exposure limits. It is therefore important to consider the new duties regarding to vibration risks added to the general duties.

Establishing a Standard Work Guideline for Safe Blasting (발파작업 표준 안전작업지침에 대한 개선안)

  • Kim, Hee-Do;Lee, Joon-Won
    • Explosives and Blasting
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    • v.32 no.1
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    • pp.23-30
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    • 2014
  • The overall management for explosives in domestic and regulation for blasting is managed by the control Act of guns, sword, explosives etc. On the details for handling and method, delivery, storage, use and management for explosives and work safety for the accident prevention is recommended to the related business site through Standard safety work guideline of blasting which set by safety & health 27 Act handling. In this study, It reviews the standard safety work guideline of blasting notified by Ministry of employment & labor. We propose the new products introduced into domestic explosives market, definition of explosives word when the newest blasting technology is revised, emulsion explosives, bulk explosives and electronic detonators which increased in the latest. Indeed, We propose a typical handling method of non-electric detonator and electronic in order to make the renewed Standard safety work guideline of Blasting on work guideline.

Law and Economics in Labor Contracting (노동계약에 관한 법경제학적 분석:한국의 해고판례를 중심으로)

  • Kim, Iljoong;Cho, Joonmo
    • Journal of Labour Economics
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    • v.23 no.2
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    • pp.1-37
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    • 2000
  • Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

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A Study on Factors Affecting Youth Employee's Labor Mobility and Employment Status Transition (청년취업자의 노동이동 및 고용형태 전환에 영향을 미치는 요인에 관한 연구)

  • Ban, Jung-Ho;Kim, Kyung-Hee;Kim, Kyung-Huy
    • Korean Journal of Social Welfare
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    • v.57 no.3
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    • pp.73-103
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    • 2005
  • This study takes of youth panel data(2002-2003), there is the purpose to know to youth employed's labor mobility conditions of employment status conversion and examine on factors affecting conversion of employment status. Main analysis result and policy imply, is as following. First, although youth employed's non-standard employment shows some decrease, employment youth hierarchy was construed that youth of our country is consisting very changefully because appear great turnover that is converted by unemployment or Not economically activity population same period. Specially, non-standard employment phenomenon of woman or low in scholarship person appeared notedly, and because phenomenon that is converted by unemployment or Not economically activity population is expose that is deepened, discriminating policy of government dimension is required for employment stabilization of these class. Second, show result that danger to escape to non-standard job risk trap which seeking employment activity of youth class is arranged case or company which is formed by official path is suitable becomes low, must formulate path of employment about youth class and improve qualitative level of employment through suitable job placement education of youth class or function (technology) level. Third, when was construed, but take into account that the although large enterprise have low risk in non-standard job, recently employment of youth class consists very limited, rather small scale business or smaller enterprise's competitive power preferably need to be plan. Finally, danger to non-standard job youth employed's company form is government connection wonder was expose that high, Such result can do that it is difficult by limited research period, but reflect actuality that youth unemployment policy of our country is enforced laying stress on public labor or unregular job employment such as internship system. Therefore, current youth unemployment policy may have to change by employment policy that can secure stable work record by youth class or act as bridge-building that promote conversion by full-time job.

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Changes in the Training Conditions of Residents by Enforcement of Medical Residents Act (전공의법 시행에 따른 전공의 수련환경 변화)

  • Oh, Su-Hyun;Kim, Jin-Suk
    • Journal of Digital Convergence
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    • v.17 no.12
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    • pp.427-434
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    • 2019
  • The Medical Residents Act was enacted in December 2016 to protect the rights of residents, and to ensuring the safety of patients, and nurturing good medical human resources. This study analyzed the changes of training conditions according to the enforcement of The Medical Residents Act by comparing the results of two surveys conducted in 2015(1,793 Residents) and 2017(1,768 Residents). As a result, Residents worked over 80 hours per week on average('15=92.4h, '17=87.3h) and they worked twice as many times as 36 hours('15=89.4h, '17=70.1h). Female residents' leave before and after childbirth('15=78.5day, '17=82.2day), Preparation of Standard training contract('15=19.3%, '17=40.8%), Delivery of training contract('15=12.4%, '17=36.1%) did not comply with the regulations. The training conditions of the residents is directly related to the safety of patients and the public's health. National support is needed for the support of substitute workforces, fair training evaluation conditions and incentives based on the evaluation results, labor costs for residents and supervising medical specialists, and the cost of making training programs.