• Title/Summary/Keyword: University Autonomy

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Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.47-79
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    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

A study on the infant daycare center teacher practicing infant's rights respect in care giving daycare center's daily work (어린이집의 하루일과에서 영아반 보육교사가 실행하는 영아권리존중보육에 관한 연구)

  • Youn, Jin-Ju
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.6
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    • pp.407-417
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    • 2017
  • This study examined the extent to which childcare methods of infant classroom childcare teachers who respect infant rights in the everyday teaching curriculum at day-care centers occurs. To achieve these objectives, a questionnaire survey was conducted on 210 infant classroom childcare teachers who were in charge of the day-care center classrooms located in [G] city of [J] province. The results of the research confirmed that first there were no statistically significant differences when verifying the extent to which childcare methods of infant classroom childcare teachers who respect infant rights in the everyday teaching curriculum at day-care centers according to the final education level, professional experience, age, and education major of the infant classroom childcare teacher. On the other hand, the results confirmed that when analyzing for arrival time for infant classroom childcare instruction at the day-care center and for the time spent taking the infant to and from the bathroom, the infant classroom childcare teachers who had graduated from 2 year colleges showed more respect for infant rights compared to that of infant classroom childcare teachers who had graduated from 4 year universities, and for the arrival time for infant classroom childcare instruction at the day-care center and nap times, the infant classroom childcare teachers who were above 50 years of age showed more respect for infant rights compared to that of infant classroom childcare teachers who were in their 30s and 40s. The results of the research confirmed that there were statistically significant differences for both the age and education major of the infant classroom childcare teachers. When examining each of the sub-factor, the age of the infant classroom childcare teachers, respect for the infant's opinion, respect for individuality, and for information provision, infant classroom childcare teachers older than 50 years of age were shown to exercise a higher level of respect for the infant according to the rule of prioritizing the infant compared to infant classroom childcare teachers in their 30s and 40s, and infant classroom childcare teachers who majored in infant education-related majors exercised a higher level of respect for the infant for respecting freedom and autonomy compared to that of infant classroom childcare teachers who majored in welfare and childcare-related fields. The results of the research confirmed a statistically significant static correlation between the two related variables. Therefore, this suggests that the more childcare methods of infant classroom childcare teachers who respect infant rights in the everyday teaching curriculum at day-care centers, the more childcare methods of infant classroom childcare teachers who respect infant rights occurred according to the rule of prioritizing the infant. These results can be used to establish both quantitatively and qualitatively an excellent and balanced respect for infant rights.

Exploration of the Relationship Structure of Personal and Social Cognitive Factors Affecting Professional Help-seeking Decisions for Distress among People in Low-income (저소득층의 디스트레스에 따른 전문가 도움추구의 결정에 영향을 미치는 개인 및 사회인지 요인들의 관계구조 탐색)

  • Park, Sunyoung
    • Korean Journal of Social Welfare
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    • v.67 no.2
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    • pp.85-112
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    • 2015
  • This study examined the relationship structure among personal and social cognitive factors contributing to professional help-seeking decisions to relieve distress of those in low-income, then suggested an appropriate model to inform knowledge for better social work practice. Using data of a purposive sampling from 331 low-income people, covariance structural analyses were conducted in two stages of model exploration, one for TPB model and another for its extended model including the level of distress, family support, and willingness. As results, in the path analyses with the observed variables of the basic components of the TPB, subjective norm showed the strongest effect on the intention, following by attitudes towards help-seeking, then behavioral control the least; in turn both the intention, positively, and behavioral control, negatively, contributed to help-seeking decisions. In the second stage of the path analyses with the extended model of the TPB, each of distress and family support demonstrated direct positive effect on each of attitudes, subjective norm, and behavioral control; each of the attitudes, subjective norm, and behavioral control showed positive effect on both intention and willingness; in turn, while intention showed strong positive effect on help-seeking decisions, willingness had no significant effect and behavioral control had negative effect on decisions. There were significant indirect effects of behavioral control on intention through willingness and of willingness on decisions through intention. These results suggested that the TPB model is useful for modeling help-seeking decisions through personal and social cognitions, especially the significance of subjective norm implied the importance of social cognition for the people in low-income with distress. Further, it was implied that the extended model needs to address particularity of those people in low-income and the mechanism shown by behavioral control and willingness implied the importance of practicing respect for the client's autonomy and will for self-support in social work practice.

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A Study on the Job Satisfaction and Quality of Life in Dental Hygienists (치과위생사들의 직무만족과 삶의 질에 관한 연구)

  • Kim, Young-Kyung
    • Journal of Korean society of Dental Hygiene
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    • v.3 no.2
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    • pp.127-141
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    • 2003
  • The present study conducted a survey on the correlation between job satisfaction of dental hygienists and their workplace satisfaction and quality of life. A total of 249 surveys eligible among all the collected surveys were used in the analysis. The survey consisted of 61 items; 35 items were about self-evaluations of their satisfaction with their tasks, occupation, and workplace, as well as the degree of self-affirmation and their family-related satisfaction; the rests were 26 WHOQOL-BREF items investigating the quality of life. Collected data were processed using the SPSS Ver. 10.0 calculating the reliability with the frequency, percentage, and Cronbach's ${\alpha}$. Besides, one-way ANOVA and linear regression analysis examined the correlation between the variables. The conclusion is as follows: 1. By Age: Job satisfaction and family-related satisfaction were highest in the subjects aged 30 or older($3.5377{\pm}0.6891$ at pF0.05 and $4.1789{\pm}0.5431$ at pF0.05, respectively), though the differences were not statistically significant). Workplace satisfaction and self-affirmation were also highest in those aged 30 or order($3.5753{\pm}0.4210$ at pE0.05 and $3.9695{\pm}0.4616$ at pE0.05, respectively). The differences were statistically significant. Quality of life was also highest in those aged 30 or older($3.4095{\pm}0.3529$, pF0.05). 2. By Types of Dental Institutions: Job satisfaction and workplace satisfaction were highest in the subjects who worked at the dental department in a general hospital($3.7431{\pm}0.5940$ at pF0.05 and $3.6615{\pm}0.4602$ at pF0.05. respectively), though without statistical significance. Self-affirmation was highest in those working in university hospitals($3.773{\pm}0.7151$, pF0.05), while family-related satisfaction was highest, though without statistical significance, in those working at the dental department in general hospitals($4.2500{\pm}0.5528$, pF0.05), who also showed highest quality of life with statistical significance($3.4046{\pm}0.4155$, pE0.05). 3. By Years at Work: The subjects who had worked as a dental hygienist for 12 years or more showed highest satisfaction or scores in all the variables investigated: job satisfaction($3.9326{\pm}0.6673$, pE0.05): workplace satisfaction($3.8316{\pm}0.4342$, pE0.05): self-affirmation($4.2000{\pm}0.4551$, pE0.05); family-related satisfaction($4.3778{\pm}0.4692$, pF0.5): and quality of life($3.5235{\pm}0.4323$, pF0.05). All but quality of life showed a difference with statistical significance. 4. Correlation between Quality of Life and Overall Job Satisfaction: Quality of life doesn't have a correlation with the subjects' satisfaction with their occupation or with their self-affirmation, while it does have a correlation with workplace satisfaction and family-related satisfaction(F=15.983, Sig=0.000, $R^2$=0.209). Besides, workplace satisfaction has a significant correlation with all the variables: job satisfaction, self-affirmation, family-related satisfaction, and quality of life(F=38.563, Sig=0.000, $R^2$=0.389). The above result shows that workplace satisfaction has a high correlation with job satisfaction, self-affirmation, family-related satisfaction and with quality of life. Consequently, to enhance satisfaction of dental hygienists with their workplace, it would be important to promote their autonomy and make desirable wokplace environments so that they can work efficiently with pride for their job.

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A Study on the Characteristic and Improvement Method of Private Consignment of Social Welfare Facility(Organization) (사회복지시설(기관)의 민간위탁제도 특성 및 개선방안에 관한 연구)

  • Kong, Chang-Suk
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.6 no.3
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    • pp.109-129
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    • 2011
  • Since the introduction of local autonomy system, various specific theories and practical approaches for private commission system have been common concerns and interests of the fields practicing social welfare. In the discussion about private consignment system of social welfare facility and organization, both of private section and government have shown different opinions from various aspects such as related regulation, consignment procedure, proper period and consignment condition. According to the discussion about the consignment system of social welfare facility, the purpose of this study is as follows. The first purpose is to suggest the current status of private consignment of social welfare facility and the characteristic and issue of consignment procedure by considering domestic & overseas literatures about the characteristic of private consignment system. The second purpose is to find out the general characteristics and current statuses of consignment process and system of social welfare facilities (organizations) located in Gyeonggi-do area. The third purpose is to draw the current status and general problem of field consignment system and suggest the practical alternative plan and improvement method of private consignment system of social welfare facility in the future. The result of researching private consignment process by head and manager of social welfare facility (organization), private consignment agreement and its conclusion process and current consignment system improvement method revealed that the number of reconsigned (over 1~3 times) facilities was more than that of initially consigned facilities and senior welfare facility and general social welfare center were most frequent in private consignment organization. In addition, as an improvement method of current private consignment process, the consideration on each organization and standard was required for new consignment and reconsignment and the problem of fairness and objectiveness was indicated when deliberation committee was organized in private consignment process. Besides them, it was found that consignment period shall be adjusted on the basis of facility type and business characteristic and the problems such as worker's succession, worker's transfer and service disconnection were suggested when consignment organization was changed. For conclusion and suggestion, the study suggested the establishment of common standard about private consignment, alternative plan of private consignment process issue and improvement method of consignment period issue.

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Understanding the Legal Structure of German Human Gene Testing Act (GenDG) (독일 유전자검사법의 규율 구조 이해 - 의료 목적 유전자검사의 문제를 중심으로 -)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.85-124
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    • 2016
  • The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

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Critical Analysis about Environmental Ethics and Moral Position of Landscape Architecture - Focusing on Eugen C. Hargrove's 'Weak Anthropocentrism' - (조경의 환경윤리에 대한 비판적 해석과 도덕적 위치 - 유진 하그로브의 '약한 인간중심주의'를 중심으로 -)

  • Oh, Chang-Song
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.2
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    • pp.105-113
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    • 2015
  • The theory of landscape architecture applies environmental ethics in order to secure an ecological status. However, environmental ethics that focus on nature conservation excludes landscape architecture as artifacts. In the process, it is hard to identify what landscape architecture insists on as the middle position between humans and nature. Rather, landscape architecture pretends to be an 'agent of nature' and pushes the traditional moral values 'for people.' Therefore, the purpose of this study is to reestablish the anthropocentrism moral position of landscape architecture through critical analysis. Hargrove's weak anthropocentrism' of several environmental ethics branches accepts natural aesthetics(such as landscape architecture) as an ethical virtue. But environmental ethics makes landscape architecture a critical target. For that reason, this study looked into critical contents and objects that in a position to moral, aesthetic and landscape architecture. Critical details are as follows: First, nature is an absolute as an aesthetic and moral value, but landscape architecture is an imitation and takes a relaxed attitude about nature. Second, nature is full of aesthetic substance because it is self-creative, but landscape architecture is designed nature covered human flaws through imagination. Third, environmental management granting techniques in nature generate a moral nihilism. As an argument, environmental ethics overlooked the moral practices of landscape architecture beyond nature another moral aspect of creation and the imagination-and moral aspects of environmental management as 'care' because they rule out 'moral autonomy' and simplify what is considered 'good.' As a result, conservation cannot be the only virtue why the problem of nature in reality cannot be separated from human life. The moral position of landscape architecture based on a 'good life' is more appropriate under anthropocentrism than as a middle position.

The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Analysis of the Influence of Job Satisfaction and the Performance-oriented Remuneration in Electric Power Companies on Trust in Manager: Focusing on the Mediating Effect of Organizational Justice (전력공기업의 직무만족과 성과보수가 경영자신뢰에 미치는 영향관계에서의 조직공정성의 매개효과 검증)

  • Leen, Jae-Mahn
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.5
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    • pp.143-158
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    • 2021
  • The purpose of this study is to suggest a direction for enhancing the mutual trust level between employees and managers by examining the effect of job satisfaction of electric power companies's employees and performance-oriented remuneration paid to them on awareness level of organizational justice and a trust in manager. Based on a significant positive relationship between employee's job satisfaction and trust in a manager, a significant positive relationship between employee's job satisfaction and perception of organizational justice, and a positive relationship between organizational justice and trust in manager, it was possible to confirm the mediating role of organizational justice between job satisfaction and a trust in manager. In addition, although performance-oriented remuneration did not have a significant effect on trust in manager directly, it was found to have a significant negative effect on distributive justice and procedural justice, but for interactional justice did not appear to have a significant influence. Because the autonomy of the labor budget is quite limited due to the government's total regulation on the size of the labor budget for public enterprises and due to the government's evaluation of management of public enterprises, it can be explained as having a negative effect on the perception of organizational justice. In addition, since the partial mediating effect of distributive justice and interactional justice was confirmed in the relationship between job satisfaction and trust in manager, the mediating effect of procedural justice was insignificant, it was confirmed that the need to establish and operate an internal HR management system based on smooth communication that employees can satisfy and accept can have a significant impact on trust in manager. On the other hand, because the negative complete mediating effect of distributive justice and procedural justice between performance-oriented remuneration and trust in manager was significantly confirmed, It is showing that employees' negative perceptions of performance distribution procedures and distribution results had a negative effect on trust in manager. The results of this study suggest that employees will perceive the organization as fair, and trust the manager who is the decision maker, when they are fully rewarded for their performance, with job satisfaction, a fair evaluation of their efforts, even if there are various factors that can influence managers to be trusted by their employees.

The Fourth Industrial Revolution and Labor Relations : Labor-management Conflict Issues and Union Strategies in Western Advanced Countries (4차 산업혁명과 노사관계 : 노사갈등 이슈와 서구 노조들의 대응전략을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
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    • v.25 no.2
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    • pp.429-446
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    • 2018
  • The $4^{th}$ Industrial Revolution, symbolizing the explosive innovation of digital technologies, is expected to have a great impact on labor relations and produce a lot of contested issues. The labor-management issues, created by the $4^{th}$ Industrial Revolution, are as follows: (1) employment restructuring, job re-allocation, and skill-reformation, driven by the technological displacement, resetting of worker-machine relationship, and negotiation on labor intensity and autonomy, (2) the legislation of institutional protection for the digital dependent self-employed, derived from the proliferation of platform-mediated labor, and the statutory recognition of their 'workerness', (3) unemployment safety net, income guarantee, and skill formation assistance for precarious workeforce, (4) the protection of worker privacy from workplace surveillance, (5) protecting labor rights of the digital dependent self-employed and prcarious workers and guaranteeing their unionization and collective bargaining. In comparing how labor unions in Western countries have responded to the $4^{th}$ Industrial Revolution, German unions have showed a strategic approach of policy formation toward digital technological innovations by effectively building and utilizing diverse channel of social dialogue and collective bargaining, while those in the US and UK have adopted the traditional approach of organizing and protesting in attempting to protect the interest of platform-mediated workers (i.e. Uber drivers). In light of the best practice demonstrated by German unions, it is necessary to build the process of productive policy consultation among three parties- the government, employers, and labor unions - at multi levels (i.e. workplace, sectoral and national levels), in order to prevent the destructive damage as well as labor-management confrotation, caused by digital technological innovations. In such policy consultation procesess, moreover, the inclusive and integrated approach is required to tackle with diverse problems, derived from the $4^{th}$ Industrial Revolution, in a holistic manner.