• Title/Summary/Keyword: Labor Workers

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A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
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    • no.41
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    • pp.337-366
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    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

Use job analysis, The Effect of Participation of Work-based Parallelism System on the Performance of Firms : Focusing on the Moderating Effect of Education and Training Obligations (직무분석 활용, 일학습병행제가 기업성과에 미치는 영향 : 교육훈련 의무의 조절효과를 중심으로)

  • Sung, Su-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.3
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    • pp.157-167
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    • 2019
  • This study empirically analyzed the effects of the use of a single human resource development system in the enterprise on corporate performance using the Human Capital Enterprise Panel (HCCP) data. The results of the hierarchical regression analysis on the sales per log of job analysis use, The use of job analysis confirms that $R^2=.294$ and ${\beta}=.165$ can have a positive effect on sales per log, and Hypothesis 1 is supported. The participation in the work parallelism participation was negatively influenced by the sales per log in $R^2=.283$ and ${\beta}=-.129$, and Hypothesis 2 was rejected. This is attributed to the lack of data of 66, and it was judged that there were 45 new companies entering the company. In addition, we conducted a hierarchical regression analysis that confirms the moderating effect of the training and training obligation by using interaction variables of job analysis use and education and training obligation. It was confirmed that the use of job analysis could have a negative impact on the sales per log, and Hypothesis 3 was rejected. As the labor productivity increases, firms have supported the previous study that productivity effect is not significant because they do not want to invest in education and training. In addition, it was confirmed that the participation of the training system in the job training system could strengthen the positive sales (+). Therefore, Hypothesis 4 was supported. In order to reflect the effective aspects of job analysis, the voluntary activation of enterprises should be premised. In addition, if employing talented people with diverse backgrounds such as academic backgrounds, gender, religion, nationality, etc. and investing in human resources development through education and training focused on job analysis, recruitment of learning workers in parallel with work- It will be possible to contribute to the creation of performance.

Artificial Intelligence In Wheelchair: From Technology for Autonomy to Technology for Interdependence and Care (휠체어 탄 인공지능: 자율적 기술에서 상호의존과 돌봄의 기술로)

  • HA, Dae-Cheong
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.169-206
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    • 2019
  • This article seeks to explore new relationships and ethics of human and technology by analyzing a cultural imaginary produced by artificial intelligence. Drawing on theoretical reflections of the Feminist Scientific and Technological Studies which understand science and technology as the matter of care(Puig de la Bellacas, 2011), this paper focuses on the fact that artificial intelligence and robots materialize cultural imaginary such as autonomy. This autonomy, defined as the capacity to adapt to a new environment through self-learning, is accepted as a way to conceptualize an authentic human or an ideal subject. However, this article argues that artificial intelligence is mediated by and dependent on invisible human labor and complex material devices, suggesting that such autonomy is close to fiction. The recent growth of the so-called 'assistant technology' shows that it is differentially visualizing the care work of both machines and humans. Technology and its cultural imaginary hide the care work of human workers and actively visualize the one of the machine. And they make autonomy and agency ideal humanness, leaving disabled bodies and dependency as unworthy. Artificial intelligence and its cultural imaginary negate the value of disabled bodies while idealizing abled-bodies, and result in eliminating the real relationship between man and technology as mutually dependent beings. In conclusion, the author argues that the technology we need is not the one to exclude the non-typical bodies and care work of others, but the one to include them as they are. This technology responsibly empathizes marginalized beings and encourages solidarity between fragile beings. Inspired by an art performance of artist Sue Austin, the author finally comes up with and suggests 'artificial intelligence in wheelchair' as an alternative figuration for the currently dominant 'autonomous artificial intelligence'.

Study on the Organization of Government-managed Constructions at Dongnae Province in the 19c (19세기 동래 지역의 관영공사조직에 관한 연구)

  • Kim, Sook kyung
    • Korean Journal of Heritage: History & Science
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    • v.39
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    • pp.165-189
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    • 2006
  • The purpose of this study is to examine process and organization of local government-managed construction by reviewing official documents and materials in regard to the official residences and castles officially constructed in Dongnae in the 19c Chosun Dynasty. Results of this study can be described as follows. 1) The construction of official residences requires exchanges of official documents among upper and lower governmental agencies concerned. Previously prepared for some 1 or 2 months, the construction was proceeded through proceeded from Paok to Gaegi, Ipju, Sangryang, Gaeok and to Iptaek. Such construction was carried out independently and concurrently Gijang and Yangsan neighboring Dongnae provided cooperation by way of supplying labor and timbers. 2) Dongnaebu castle was constructed under local autonomy system, like other government-oriented works, as governor of Dongnae became responsible for defending such establishment in 1739. The castle was built up in 1731 as an establishment with 6 gated and 15 forts. Directly controlled by governor of Dongnae, the castle continued to be partially repaired until the 19th century. Under the regime of Daewongun, the castle was enlarged and extended for military strengthening. Besides the gate having double-gated structure for the outside wall, the other five gates came to have bastions and 30 forts were additionally established, dramatically changing the structure of the castle as whole. 3) Government-managed construction was often implemented by an organization whose members included local government officials, lower administrative agencies and local influential persons. The construction of official residences was implemented by Gamyeokdogam which was headed by Jwasu of Hyangcheong. In the construction, chief of military officials became supervisor, who was responsibly supported by Saekri. The construction of castled were divided into several works, for example, establishments of fortress, tower gate and quarrying stone were implemented by the organization of Paejang, Gamkwan and Saekri. As a military official, Gamkwan supervised the construction. Saekri was in charge of related internal affairs. Paejang was an technical expert leading several workers. The construction of castles in 1870 were organized as a general rule having particularity of social conditions on Dongnae.

A Study on the Basic Directions for Forest Rehabilitation Programs Considering to Economic and Social Conditions of North Korea (북한의 경제사회적 여건을 고려한 황폐산림복구 기본방향 연구)

  • Park, Kyung Seok;Lee, Seong Youn;Park, So Young
    • Journal of Korean Society of Forest Science
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    • v.100 no.3
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    • pp.423-431
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    • 2011
  • The changes of forest degradation in North Korea have closely been related to political, economic and social conditions at all different times. The deforestation by local people for their livelihood has been accelerated when the recession has been worsened due to the 1990's collapse of socialism and the years of natural disasters, and the fall of the centralized and planned economy system. The serious recession in the 1990's has brought many changes in the North Korean society since the 2000's. Not only the underground economy, but also the market in which personal trades are occurred have been expanded as the distribution system of the planned economy system had fallen. In addition, even many state institutions have also increased timber harvest for export to acquire insufficient foreign currency. Eventually, North Korea felt the limits of utilization of forest resources under socialism then started to seek measures to restore devastated forest, while realizing the need of support from the international society. Therefore, some NGOs of South Korea started to give financial support on building tree nurseries in which seedlings for planting are produced to help the rehabilitation of the degraded forests in North Korea. Therefore, Planning of the basic directions for forest rehabilitation programs considering to economic and social conditions of North Korea are needed based on the successful rehabilitation experience of South Korea in the 1970's. First of all, relationships which was built after collapse of centrally planned economy between districts, businesses and workers must be consider to rehabilitate forests in North Korea. Secondly, due to the nature of forest rehabilitation projects this is very needs voluntary participation of resident for a long time, and then forest rehabilitation projects can create jobs for local resident, they can obtain continuous income on the forest rehabilitation projects field in order to promote resident's work in forest rehabilitation projects. Thirdly, the rate dependence on forests of the residents living must keep the level down by rural development projects going side by side with forest rehabilitation projects. Fourthly, use of exsisting forest management system in North Korea is also needed to ensure administrative power and labor for grand scale plantations in a short period of time. Meanwhile after the success of Forest Rehabilitation, it is very important to improve exsisting forest management system.