• Journal of Korean Academy of Nursing Administration
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• v.5 no.3
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• pp.477-500
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• 1999

Korean labor market has showed remarkable change of the increase in the amount of unemployment and contingent employment since IMF bailout agreement. There is a theoretical position to explain this increase in contingent employment at hospitals with the notion of flexibility. The high flexibility of employment due to the increase of contingent employees is becoming very important part in new business strategy of hospitals. The types of contingent employment of the nurse are part-time employment temporary employment, fixed-term employment, and internship which was introduced in early 1999. Recently, Korean health care industry managers have paid attention to the customer oriented service, rationalization of business administration, service quality control so that they can adjust their business to outer environment. Especially their efforts concentrate on the wage reduction through efficient and scientific control of man power because wage shares about 40% of total cost. This dissertation aims at verifying the phenomena of the contingent employment of the nurse and analyzing the related factors and problems. To rephrase these aims in ordinal: First, verifying the phenomena of contingent employment of the nurse. Second, verifying the problems of that phenomena. Third, analyzing the related factors of the contingent employment of the nurse. To accomplish these research goals, a statistical survey was executed. in which 384 questionnaires-66 for manager nurses, 318 for contingent nurses - were given to nurses working at 66 hospitals-which have at least 100 beds-in Seoul. Among them, 187 questionnaires-38 from manager nurses, 149 from contingent nurses'- 'were returned. Then, the data coded and submitted to T-test, $X^2$ -test, variance analysis(ANOVA), correlation analysis, multiple regression analysis, Logistic Regression with SAS program. The research results of the contingent nurses are followings: 1. The average career term at the present hospital 8.4 months: duty-on days per month are 24.2 days: working time per day is 7.9 hours. These results showed little difference from regular nurses. 2. Their wage level is about 70% of regular nurses except for internship nurses whose wage level is 41% of regular nurses. To break down the wage composition, part-time nurses and internship nurses get few allowance and bonus. And contingent nurses get very low level of additional pay except for fixed-term nurses who are under similar condition of employment to regular nurses. These results show that hospital managers are trying to reduce the labor cost not only through the direct way of wage reduction but through differential treatment of bonus, retirement allowance, and other additional pay. 3. The problem of contingent employment: low level of pay; high level of turn-over rate: weakening of union; low level of working condition: heavy burden of work; inhuman treatment. The contingent nurses consider these problems more seriously than manager nurses do. What manager nurses regard problematic is the absence of feeling-belonged and responsibility of the contingent nurses. 4. The factors strongly related with the rate of the number of contingent nurses for the number of regular nurses; gross turn-over nurses; average in-patients per day; staring wage of graduate from professional college: the type of hospital ownership; the number of beds; the gap between gross newcomer nurses and gross turn-over nurses. The factors related with their gross wage per month; the number of beds; applying of health insurance; applying of industrial casualty insurance; applying of yearly-paid leave; the type of hospital ownership; average out-patients per day; gross turn-over nurses. The meaningful factors which make difference by employment type: monthly-paid leave; physiological leave. The logistic regression analysis using these two factors shows that monthly-paid leave is related with the type of hospital ownership; the number of beds; average out-patient per day, and physiological leave is related with the gross newcomer nurses; gross turn-over nurses; the number of beds.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.159-184
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• 2014

Climate change is one of the biggest dangers facing all living creatures in the earth. It has been understood that emissions of greenhouse gases from human activity is the cause of climate change. Cars are responsible for around 12% of total EU emissions of CO2, the main greenhouse gas. The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental treaty adopted at the United Nations Conference on Environment and Development (UNCED) on 9 May, 1992, which entered into force on 21 March 1994. The European Commission first adopted a Community Strategy to reduce CO2 emissions from cars in 1995. On 19 December 2007, the European Commission proposed "Proposal for Setting emission performance standards for new passenger cars to reduce CO2 emissions", which was adopted on 23 April 2009 as "Regulation (EC) No 443/2009". Prior to submitting the Proposal, the European Commission performed impact assessment and prepared impact assessment report which was reviewed by the Impact Assessment Board. The objective of this Regulation is to set emission performance standards for new passenger cars registered in the Community, which forms part of the Community's integrated approach to reducing CO2 emissions from light-duty vehicles while ensuring the proper functioning of the internal market. In the event that a manufacturer fails to meet its target, it will be required to pay an excess emissions premium in respect of each calendar year from 2012 onwards. On 11 March 2014, Regulation (EC) No 333/2014 amending Regulation (EC) No 443/2009 was adopted. Regulation (EC) No 333/2014 amends Regulation (EC) No 443/2009 to implement the modalities of meeting the 95g CO2/km target for new passenger cars to be reached in 2020. As industry benefits from indications of the regulatory regime that would apply beyond 2020, the Regulation includes a further review to take place by, at the latest, 31 December 2014.

• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.29-59
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• 2018

This paper examines the achievements and limitations of the Moon Jae-In administration's first-year policies on non-standard employment in the public sector of Korea. The most remarkable achievement was that the transition rate of non-standard to standard positions reached the highest historical level of 42.1 percent, mainly by including for the first time temporary agency workers as a target of those policies. There also have been many steps taken to relax the qualification for transition, reduce the number of exception clauses, and expand union participation. In contrast, policy measures to address problems of low wages and inequality were very limited and not significantly different from those of previous administrations. As a result, the success of the policy paradigm shift pursued by Moon's administration will be determined by how aggressive measures are being taken in the next policy steps to improve such problems of low wages and inequality.

• (The)Korea Educational Review
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• v.22 no.1
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• pp.25-51
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• 2016

This study was designed to analyze instructors's perceptions on legislation of the amendments of the Higher Education Law in 2011 and discuss some issues related to direction for revision henceforth. This study explored two research questions. First, how do instructors perceive the legislation of the amendments of Higher Education Law? Second, how do they think the directions for the revision of the law? To complete this task, the author conducted in-depth interviews with 16 interviewees; 13 instructors and 3 specialists of the higher education. As a result of in-depth interviews, the author found that instructors perceive the law as condescending law or election-based law even though they recognize the significance of the law. They predict that the law can increase non-tenure track faculty members. In addition, they emphasize the law should be revised to improve the instructors' labor condition substantially, for instance increase of the teaching pay and employment stabilization. However, instructors' opinions on the law itself and its revision direction are divided according to their age and major. Based on the results of this study, I discussed some potential issues of the revision of the law and suggested improvement plans.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.3-40
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• 2020

The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

• The Journal of Art Theory & Practice
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• no.5
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• pp.43-80
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• 2007

PASKYULA was formed in September, 1923 through the union of artists involved in two art groups: Kim Ki-Jin, Kim Bok-Jin, Yeon Hak-Nyeon who had previously participated in the ToWolHoi, and Park Young-Hi, Lee Sang-Hwa, An Seok-Ju, former members of the BaeckJo. After its founding, the PASKYULA artists had been searching for the social function of art to reform the harsh reality of Minjung and the nation with criticism toward society as well as art world. Their art theory for MinJung could grow relatively ease in relation to changing social and political conditions in the early 1920s. In August, 1925, PASKYULA organized the Korea Artista Proletaria Federatio with the YeomGunSa, and laid the groundwork for Proletariat art movement which was regularized in the late 1920s. From PASKYULA up to the early state of KAPF, the theory of art advocated by Kim Bok-Jin and An Seok-Ju could be summarized as "art for MinJung". At that time, widely ranging discourses on MinJung, however, was spawned in art theory, because many intellectuals-including artists and writers-begun to pay more attention to MinJung, who emerged as one of the social forces after the Samil Independent Movement. Sometimes, MinJung was construed as the target of enlightenment from a negative viewpoint. On the other hand, several intellectuals under the influence of individualism asserted that the discussion itself on MinJung exerted an evil influence on art. In contrast of these cases, the PASKYULA artists including Kim Bok-Jin, An Seok-Ju perceived that MinJung had the potential to change society, and regarded them as "a creator of genuine civilization and art". In the PASKYULA artist's writings, the concept of MinJung was often overlapped with the meaning of the Choson nation suffering under colony. Although their concept of MinJung was transformed gradually into the proletariat as they were under the strong influence of socialism, it did not change that they grasped the realities of the whole Choson Peninsula through the proletarian consciousness. In the early state of PASKYULA, the methodology for social function of art was presented in a twofold manner. First of all, Kim Bok-Jin emphasized on the necessity of education to improve MinJung's way of life through art, and it was embodied by the organization of ToWol Art Workshop and public lecture. Also, he championed "the popularization of art", which was one of methods to distribute art to MinJung. According to the PASKYULA artists, art should be not art for art' sake but art for MinJung. That was why they advocated the convergence of art and MinJung's life. Especially Kim Bok-Jin affirmed a link between art and industry because he considered industry the field inextricably linked with MinJung's life. In this context, his idea could be read as the generalization and equalization within the framework of possession. Kim Bok-Jin thought that the social ramifications of capitalism deprived MinJung of their right to enjoy art, and emphasized the artist' social role to return the right to them. That is, the even distribution of art was mainly discussed than the contents of art in the half of 1920s. By 1925, the contents of art itself became an issue in the PASKYULA art theory, and it was based in realism. Kim Bok-Jin and An Seok-Ju insisted that art should be reflection of real life. At that time, realism acquired the representation of MinJung and the nation's realities not realistic style. In fact, the various Western art styles including Futurism, Constructivism, Cubism etc. were exploited in the PASKYULA's visual images. Western art, target of criticism on theory, was selectively adopted in the works which were produced by Kim Bok-Jin and An Seok-Ju. Kim Bok-Jin's MoonYeUnDong cover design was conceived of as the example in which Western art was adopted with it's ideology under the influence of MAVO, while Western art shown in An Seok-Ju's illustrations served as a decorative function in many cases. Especially, An Seok-Ju attempted the various styles of Western art simultaneously, which may be seen as representing that PASKYULA did not have a firm ideology for their style. Also, it can be read as showing his hasty zeal to overcome Western art rapidly. The wish to establish "art for MinJung" as soon as possible was accompanied with the will to jump over the all steps of Western art though it was superficial. This aspiration of PASKYULA was expressed through the mass media, which had the potential for communicating to MinJung. At this point, there was a significant disparity between PASKYULA and another art groups in the first half of 1920s. However, the PASKYULA's method on the basis of the mass media could not but have a certain limitation because of the medium's properties. Nevertheless, PASKYULA' attempts may be considered to be valuable in sense that they expended the boundaries of Korean modern art into the commercial art questioning the matter of the distribution for art.