• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2018.11a
• /
• pp.225-227
• /
• 2018

This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

• Management & Information Systems Review
• /
• v.30 no.4
• /
• pp.253-292
• /
• 2011

This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.

• Tuberculosis and Respiratory Diseases
• /
• v.45 no.2
• /
• pp.351-359
• /
• 1998

Background: The effects of exercise on pulmonary function are complex and have been the subject of many investigations. But, there has been disputes about the effect of exercise on spirometric parameters and there is no study about the effect of exercise on IOS(Impulse Oscillometry)parameters. IOS, a new method of pulmonary function test, is based on the relationship between the pressure and flow oscillation which is produced by applying sinusoidal pressure oscillation to the respiratory system via the mouth. Method: Fifty-nine young adults without respiratory symptoms were divided into three groups according to degree of exercise(hard exercise group: mean exercise time is over three hours per week at least for the last one month, light exercise group : between thirty minutes to three hours, nonexercise group : less than thirty minutes) and undertaken pulmonary function test(simple spirometry and IOS). Results: The effects of exercise on spirometric parameters; percentage of predictive value of forced vital capacity(FVC % pred) was higher in hard exercise group than nonexercise group(hard exercise group: $102.4{\pm}14.8$, nonexercise group: $93.7{\pm}9.9$, p=0.017), but there was no significant difference in percentage of predicted value of forced expiratory volume in one second(FEV 1 % pred) and percentage of predicted value of forced expiratory flow 50% (FEF 50% pred) between groups. The effects of exercise on IOS parameters: Reactance at 5Hz(X5) was significantly lower in hard exercise group than nonexercise group(hard exercise group: $-0.166{\pm}0.123hPa/1/s$, nonexercise group: $-0.093{\pm}0.036hPa/1/s$, p=0.006) but there was no significant difference in central resistance(Rc), peripheral resistance(Rp), resonance frequency(RF) and resistance at 5Hz, 20Hz between groups. Conclusion: Hard exercise increased FVC % pred on spirometric parameters and decreased reactance at 5Hz(X5) on IOS parameters.

• Journal of Korea Port Economic Association
• /
• v.30 no.4
• /
• pp.111-130
• /
• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• (The)Study of the Eastern Classic
• /
• no.49
• /
• pp.325-355
• /
• 2012

This research aims to generalize the thoughts of military science of the intellectuals through the books on military arts and science, which were published in the early Joseon Dynasty. In the early Joseon dynasty, it was in a position to establish the foundation in the new monarch internally, and, at the same time, to overcome foreign powers on both northern and southern borders externally. Thus, the books on military arts and science should have to be published under a premise of such situations. Accordingly, the books on military arts and science of those days took account of political stability having reflected the activities not only as the founder of Joseon but also as the military officer in the late Goryeo along with the books' own purpose to found military arts and sciences. The books on military arts and science that published in the early Joseon Dynasty were written mostly based on Chinese military books and its annotations, except some descriptions of the history of war. However, the intellectuals at that time endeavored to redefine military arts and science from the perspective of Confucianism having evaluated Chinese military science books that were biased to boost Machiavellian tactics. As a result of this, the geographical distinctions between China and Korea were the start of an argument for the military arts and science. There were also disputes over the relationships between the military science and the Yin-Yang School, and between the military science and Confucian school. Organizing our country's own history of war for the first time in the early Joseon Dynasty is worth for putting a high evaluation. However, it cannot help but to point out the limits of the books that there are noticeable descriptions about the factors related to toadyism, and that there are no descriptions about the wars against Japanese raiders. The books on military arts and science in the early Joseon Dynasty put emphasis on the commander's leadership that should be good at both literary and martial arts, as well as the harmony in military-to-military relations. After all, the intellectuals in the early Joseon Dynasty had linked the military arts and science to the sages of Confucian school under a premise that scholarship is to be used in combination with martial arts. And, as the nexus between the two, they noted the items of virtue, such as humaneness and righteousness (仁義); ritual and music (禮樂); loyalty and filial piety (忠孝); three fundamental principles (三綱); five moral disciplines (五倫). It can be said that this point is the typical features of the military arts and science in the early Joseon Dynasty, which cannot be found in Chinese military classics.

• 한국사회정책
• /
• v.25 no.3
• /
• pp.37-71
• /
• 2018

Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

• Korean Journal of Labor Studies
• /
• v.24 no.1
• /
• pp.107-156
• /
• 2018

This article examines the history of the in - house subcontracting and the stabilization of labor - management relations in the steel industry in Japan. The ratio of in-house subcontract workers among steel workers has increased steadily until the mid-2000s, and about 70% in case of the largest company. In-house subcontracting was used as a strategy of the company to increase the quantity flexibility of employment and to save labor costs. The in-house subcontracting company needed company-specialized skills, and the internal labor market was formed because the rate of full-time workers was high and the turnover rate was low. The in-house subcontractor introduced long-term business relationship with the steel factory by introducing the equipment and materials necessary for the performance of the work, and the factory implemented the productivity improvement policy of the in-house subcontractor, and the win-win relationship between the factory and in-house subcontractor was developed. The trade union did not oppose the idea that the expansion of in-house subcontracting contributed to corporate profits, the stability of employment of the members and maintenance of their working conditions. Since 2000, the steel factory has pursued the transformation of in - house subcontractors into subsidiaries, which has been supported by capital relations. By the way, since the mid-2000s, there has been an increase in the number of regular workers' employment. The major factors are as follows: more strengthened compliance with laws and regulations, the higher quality request of customers, stricter keeping of deadlines, and problem in recruiting of workers at in-house subcontract companies. The wage gap between the factory and in - house subcontracting was less at company B than at company S, and the wage level of in - house subcontracting was about 90% of the factory at company B. The relatively small gap at company B seems to be due to the union's movement of narrowing the gap, low market dominance and unfavorable labor market. The internal labor market has been formed in the in-house subcontracting, and the wage gap is not large, and the possibility of labor disputes is low. Industrial relations are stable in the in-house subcontract company as well as the factory. The stabilization of labor-management relations in the steel industry in Korea is required to reduce the wage gap between the factory and in-house subcontract enterprises by raising productivity and expanding the internal labor market at in-house subcontract enterprises.

• Journal of Food Hygiene and Safety
• /
• v.34 no.1
• /
• pp.65-72
• /
• 2019

This study was aimed at investigating the levels of the natural preservatives of benzoic, sorbic and propionic acids in cereal grains, nuts and seeds. Benzoic and sorbic acid were analyzed by high-performance liquid chromatography with a diode-array detector (HPLC-DAD) and further confirmed by liquid chromatography-tandem mass spectrometry (LC-MS/MS), whereas propionic acid was analyzed using a gas chromatography-flame ionization detector (GC-FID) and further confirmed by gas chromatography-mass spectrometry (GC-MS). Benzoic, sorbic and propionic acids were found in 44, 22, and 550 samples out of 702 samples, respectively. From the total of 702 samples. The concentrations of benzoic, sorbic and propionic acid were ranged from not detected (ND) to 23.74 mg/L, from ND to 7.90 mg/L, and from ND to 37.39 mg/L in cereal grains, nuts and seeds, respectively. The concentration ranges determined in this study could be used as standard criteria in the process of inspecting cereal grains, nuts and seeds for preservatives as well as to address consumer complaints or trade disputes.

• The Korean Journal of Archival Studies
• /
• no.21
• /
• pp.283-322
• /
• 2009

Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

• Journal of Science and Technology Studies
• /
• v.19 no.1
• /
• pp.1-51
• /
• 2019

The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".