• Title/Summary/Keyword: Labor Standards Act

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Social Recognition and legal policy of Nursery teacher (보육교직원의 사회적 인정과 현행법 고찰)

  • Kim, Jeong-Hui;Kim, Hyang-Mi
    • Journal of Convergence for Information Technology
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    • v.11 no.12
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    • pp.127-137
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    • 2021
  • The purpose of this study was to suggest the justification for social recognition of childcare staff through a review of Axel Honneth's recognition theory of childcare staff's caring work, the Constitution, the Infant Care Act, and the National Human Rights Commission Act. As a result of the study, first, the poor working environment of childcare staff was confirmed. Despite the continuous intervention of childcare policies to improve the working environment of childcare teachers, poor working conditions such as annual/monthly vacation and rest time guarantee were confirmed. Second, the human rights violations of childcare staff were confirmed. The installation of CCTV installed to prevent child abuse in childcare institutions confirmed not only the human rights violations of childcare staff but also the psychological pressure of childcare staff who are monitored 24 hours a day. Third, this study has significance in that it suggests the justification for social recognition of childcare staff through revision and supplementation of the current law for appropriate performance evaluation of childcare.

A Study on Legislation Background and Application of the General Duty Clause of the Occupational Safety and Health Act in U.S. (미국 산업안전보건법에서 일반의무조항의 제정배경과 운용에 관한 연구)

  • Jung, Jinwoo
    • Journal of the Korean Society of Safety
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    • v.30 no.1
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    • pp.119-126
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    • 2015
  • The primary purpose of the general duty clause is to offer an extra measure of protection to employees in the workplace. Most standards implemented under OSHA are targeted at a specific hazard. The general duty clause, however allows inspectors to cite employers for exposing its employees to a recognized hazard that has not been specifically addressed in the regulations. Congress intended the general duty clause to be a limited means of advancing the purposes of the OSHAct. But OSHA has not always regarded the general duty clause as the limited means for protecting the safety and health of employees that Congress intented. OSHA attempted to expand the scope of the general duty clause, at times improperly, to make it a more flexible enforcement tool. OSHA's interpretation of each of the restrictions on the scope of the clause has changed over the years. In recent years the general duty clause has been utilized as a sometimes controversial mechanism for enforcement of safety guidelines that have not yet been specifically addressed by statute or regulation. The most notable example of this was application of the general duty clause to ergonomic hazards.

Clarification of Safety Measure Implementation Entities through the Development of a Stakeholder Model for Special Types of Workers (특수형태근로종사자의 이해관계자 모형 개발을 통한 안전조치 이행주체 명확화)

  • Yongyoon Suh;Jong Soo Hyun;Choi Yirac;Junghwan Byeon
    • Journal of the Korean Society of Safety
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    • v.38 no.6
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    • pp.36-49
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    • 2023
  • Since the recently established obligation to implement safety and health measures for specialized workers as outlined in the Occupational Safety and Health Act (OSHA) for nine occupations in January 2020 and five occupations in November 2021, there is a need to verify and inspect the on-site operation of related systems. After a comprehensive fact-finding survey and risk factor analysis, it is necessary to examine the responsibility for on-site safety and preventive measures, along with the roles and responsibilities of specialized workers. Stakeholder analysis is essential to identify the fundamental problems related to the responsibility stipulated in the purpose of OSHA and to explore the entity responsible for implementing safety measures. Therefore, in this paper, we discuss the topic of implementation based on legal standards for on-site safety and preventive measures. Additionally, we develop a role model for appropriate safety measures, outlining the dynamic relationship between those who provide labor and those who provide labor in the context of specialized workers.

A Comparative Study on Laws and Policies of Advanced Countries to Prevent Fall Accident (건설현장 추락재해 방지를 위한 해외 선진국간의 법령비교연구)

  • Oh, June-Seok;Lee, Joo-Hyeong;Jeon, Sang-Sub;Son, Ki-Young
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2019.11a
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    • pp.199-200
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    • 2019
  • Although accidents in the domestic construction industry have been decreased gradually, deaths in the construction sites have been occupied 49.9 percent of the total industry and deaths from fall accident have been accounted for 59.7 percent of the construction industry. In order to prevent fall accident, Occupation Safety and Health Act(OSHA) was enacted for setting management standards and detailed regulations was designed by the Ministry of Employment and Labor. Although government has been pushed for companies and workers to comply the regulations, currently, many domestic construction sites have been violated. On the other hand, in safety-advanced countries such as the United States, Japan, and the EU, industrial accidents have been decreased due to continual application of adapted safety policies according to characteristic in each country. Therefore, it is necessary to analyze laws and polices of advanced countries and apply them to domestic construction sites in order to reduce fall accidents. Therefore, the objective of this study is to compare domestic laws related fall accident with advanced countries laws. In the future, the results of this study will be utilized as a reference to reinforce Occupation Safety and Health Act(OSHA).

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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.

Legal and Institutional Considerations for Child Actor (아역 연기자에 대한 법적, 제도적 고려사항)

  • Hwang, Jun-Won;Kim, Bongseog;Yoo, Hee-Jeong;Bahn, Geon Ho
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.24 no.2
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    • pp.78-82
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    • 2013
  • Child labor is being recognized as the key issue of human rights, and the International Labor Organization and the Convention on the Rights of the Child emphasize that children are individuals with dignity and rights. Male and female child actors belong to a profession with wide public exposure and there is a potential danger of invading classes and roles not matching the developmental stage of the child. In this study, we would like to discuss international and domestic laws and future complementary measures surrounding legal and institutional issues that need to be considered for child actors. Although the basic rights for child workers are stated in the Constitution Article 32 Paragraph 5 and Labor Standards Act Articles 64 through 70, they are insufficient. Following the revised broadcasting deliberation regulations by the Korea Communication Commission and amendment of the Juvenile Protection Law, several changes are taking place in the working environment. In certain foreign places such as California, United States, the economic and educational rights of male and female child actors are being protected. Although legal and institutional frameworks for the male and female child actors are being reinforced, more consistent devices are needed. Consideration for working hours, regulations to keep up with learning while working, and preparation for physical and emotional influences are required to keep up with international changes.

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.

A Study for Developing Generic Competency Standards Focusing on Professional Engineer Qualification in National Technical Qualification Act (공통직무능력표준 개발연구: 국가기술자격법상 기술사 자격을 중심으로)

  • Cho, Jeong-Yoon;Bae, Eul-Kyoo
    • Journal of Engineering Education Research
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    • v.12 no.4
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    • pp.3-17
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    • 2009
  • The purpose of this study is to develop the national generic competency standards for professional engineer and so improve the quality of Korean professional engineer into an international level. First, this study intends to develop the national generic competency standards for professional engineer that contributes to maintain and enhance the quality of professional engineers in terms of a linkage among education and training, qualification, and labor market. Second, this study aim to obtain the national generic competency standards for professional engineer that applies to reform the criteria of certification, testing, and interview of National Technical Qualification System as well as to develop the curriculum of engineering education and continuing professional development and the system of human resource management in corporations. As a result, a final draft of the national generic competency standards for professional engineer was confirmed to include 12 clusters of competency standards and 56 elements of competency standards.

A Study on Improvement of Management Supervisor Education for Large Shipyard (대형 조선소 관리감독자 교육 개선에 관한 연구)

  • Han, Sam Sung;Kang, Ji Woong;Yun, Yu Seong
    • Journal of the Korean Society of Safety
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    • v.32 no.6
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    • pp.110-115
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    • 2017
  • Currently, the Ministry of Employment and Labor is strengthening monitor programs in regards to occupational industrial safety and health act compliance in business operations. However, industrial accidents occur persistently. Therefore, the study strives to diagnose and understand the issues in its educational stature, targeting managing supervisors in large scale shipbuilding industry whose completed the regular safety and health act sessions. This research considered a total of 3,252 employees whose completed theory-based cluster sessions for three months since February, 2016. The group is divided into two categories; 551 participants whose completed 8 hours of training and 2,701 participants whose completed 4 hours of training. Technical statistics were used to measure the knowledge of safety and health, educational environment, curriculum and educational effects on managing supervisors. A t-test was used to analyze the difference between the training hours. The result indicated that the target participants' knowledge on safety and health before the session was 50.24 points average (100 point scale), showing low standards in general. In depth analysis indicated that both 8 hours and 4 hours groups scored lowest in educational methods and communications between the lecturer and participants factors within the educational curriculum category. Meanwhile, transition in knowledge acquirement, work attitude, and work behaviors scored the highest in the analysis, showing a high satisfaction factors in educational effects. Therefore, the improvement in educational time and period can increase the efficacy of the educational programs. Also, theory-based cluster programs based on lectures suggests positive influence in knowledge acquirement and behavioral transitions.

Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • 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.