• Proceedings of the Korea Technology Innovation Society Conference
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• 2014.10a
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• pp.189-203
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• 2014

Silicon Valley's legal foundation in recent years has surfaced on the radar of policy planners who model Silicon Valley's ICT industry. Precisely, the prohibition of covenants not to compete is linked to firm to firm knowledge spillovers by way of mobile workers positioned as nodes in a system of innovation. Meanwhile, traditional frameworks support enforcement of covenants not to compete as a way to encourage R&D into the worker and to prevent the worker's tacit knowledge and know-how from fleeing. This article examines the ICT industry in Silicon Valley and Route 128 to argue that California's unique law is a key factor in the success of Silicon Valley firms. Theoretically, we reconcile the ostensible strife between enforcement and prohibition frameworks by presenting an industrial approach. We contend that selective enforcement by industry can maximize the policy tools of discorded planners.

• Korea journal of population studies
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• v.22 no.2
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• pp.163-195
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• 1999

이 글은 '강력한 남성 부양자'국가로서 90년대 일본사회가 제시한 여성노동력에 대한 사회적 보호정책을 살펴보고 평가하는데 그 목적이 있다. 논의의 초점은 크게 3가지로 구분되는데 어머니로서는 보육정책을, 노동자로서는 노동정책을, 부인으로서는 사회보장 정책에 대한 논의가 그것이다. 보육정책의 경우 급격한 소자녀와 추세에 따라서 94년에 도입된 "엔젤 플랜"의 성격을 소개하였다. 노동정책은 99년 4월 실시된 개정 '노기법', 균등법', 휴업법' 내용을 다루었다. 정책내용에 담겨 있는 성이 여성의 규정방식을 평가하였다. 90년대 이후 지속되는 일본경제의 장기 불황 그리고 전세계적으로 도입되고 있는 신자유주의적 사조는, 90년대 이루어진 여성노동력에 대한 사회적 보호정책 개정의 효과를 반감시키는 요인으로 작용할 수 있다. 즉, 최근 개정된 일련의 여성노동력에 대한 사회적 보호정책의 기조는 '강력한 남성부양자' 국가인 일본사회의 남성 중심성을 수정 보완하기에는 역부족으로 보인다.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.3
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• pp.155-163
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• 2021

The study aims to investigate the effect on Philippine occupational choice of House Bill No.7787, also known as the National Wage Law, which was filled by the Philippine Congress that mandates the implementation of an across the board minimum daily wage of Php750.00 to all workers in the Philippines. This study had used the Computable General Equilibrium-Top-Down Behavioral Microsimulation approach to determine the effect of National Wage Law on occupational choice. The results of the study revealed that the implementation of said National Wage Law would affect the distribution of labor force across occupational classification such as wage workers, entrepreneurial farming activities workers, and entrepreneurial non-farming activities workers. This has resulted from a higher utility that will be derived from the wage working sector once the National Wage Law will be implemented. Further, among regions in the Philippines, the Calabarzon, National Capital Region, and Central Luzon had recorded the highest number of workers who prefer the wage income sector. The findings of the study also suggest that the Philippine agricultural sector will be greatly affected by the National Wage Law due to the preference of workers to shift from the entrepreneurial farming sector to belong to the wage sector.

• 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.

• Korean Business Review
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• v.12
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• pp.189-207
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• 1999

The recent keen global competition makes cooperative Labor-Management relations as one of the minimum requirements for the business firms in order to survive. Accordingly, this study focused upon the comparative analysis of the traits of some major countries' Labor-Management Joint Consultations for the purpose of explaining the core characteristics of them. The way how to develop and enhance the Labor-Management Joint Consultation in Korea was also suggested. As a result, this study shows that the social background of, the authority of, and the relationship with collective bargaining of the the Labor-Management Joint Consultation differed in great extent among the countries, and that these differences caused the various consultation patterns in each country. For example, the Labor-Management Joint Consultation was introduced and used voluntarily in the U.S.A. and Japan, while it was enforced by law in Korea, Germany, and France. Also, co-determination has been popular in Germany, France, and The U.S.A., but only the advising and consulting have been dominant in Korea and Japan. However, the rapid change of business environment and the increase in employees' need will make the co-determination as a desirable pattern even in Korea.

• 한국사회정책
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• v.24 no.2
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• pp.1-29
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• 2017

This study compares and analyzes precarious labor market in Korea and Japan in terms of gender and occupational class. Previous studies have analyzed precarious labor limited to the level of employment type such as non-standard workers. This study reconceptualizes precarious labor in terms of the combination of employment relations and income level. In addition. we analyzed whether there are differences in the characteristics of precarious labor between Korea and Japan. In order to analyze the labor market precariousness in Korea. we used data from the 17th Korea Labor Panel Survey (2014) and for Japan. we used the 9th (2012) data from the Keio Household Panel Survey. As a result. we could confirm the feminization of labor market precariousness and horizontal division by occupation in both Korea and Japan. Also. ordered logistic regression analysis showed that the more women. and those in their 60s or older. the less skilled service workers. or the manufacturing workers are likely to face labor market instability in both Korea and Japan. The results of this analysis reflect the fact that Korea and Japan have experienced similar changes in the labor market structure with institutionalized employment protection system based on male workers.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• Journal of Labour Economics
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• v.34 no.3
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• pp.81-117
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• 2011

This study examined how firms responded to the articles regarding the prohibition or correction of discrimination against fixed-term workers in the 'fixed-term worker protection law', which has been effective since July of 2007 in Korea. Data used cone from the Korean Workplace Survey, and a difference-in-differences method was employed for the identification of the causal effect, noting that the 'discrimination prohibition law' has been applied to firms over stages based on their sizes. The empirical results show no strong evidence that the law played a positive role in reducing differentials between permanent workers and fixed-term workers in the areas of wage and various employee benefits, including the provision of severance pay, annual leave, and 4 major social insurances for fixed-term workers. A more thorough future analysis on the causes of the insignificant impact of the law in some employee welfare benefits, along with supplemental policies, is needed to have the law achieve the desired goal of removing discrimination at the workplace.

• Korean Association of Arts Management
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• no.51
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• pp.167-190
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• 2019

Copyright law has functioned to certify the authorship and artistic identity of an artist as well as to remunerate the artist's labor in monetary terms. However, the legal stability of copyright law may be questioned and even challenged because it shares the ground with unfixed notions of the concept of art. This study is an attempt to find theoretical argument where such instability of copyright law stems from, by looking into the theories of Aesthetics and history of arts. The first argument builds up on the ambiguity of discriminating between the Aesthetic concept of expression and idea. The second argument illuminates how new conventions of creating art work and emerging ideals of making art prevents to accommodate copyright law in the fields of art. New art forms such as conceptual art and place specific art are such examples. Increasing role of public arts projects also questions the conventional adoptions of copyright law. Arts management is closely related with this phenomena since their job is to administer the complex situation of introducing artists to the knowledge of copyright law.

• 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.