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A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

Married Women's Economic Dependency and the Welfare State (기혼여성의 경제적 의존과 복지국가)

  • Kim, Young-mi
    • Korean Journal of Social Welfare Studies
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    • no.36
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    • pp.55-80
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    • 2008
  • Research on the welfare state or income inequality has been concerned with variations in inequality between societies or families. These studies tend to view the family as a unit of shared interests where incomes are pooled and distributed equally. This study makes a theoretical and empirical case for why it is important to look at economic dependency within the family in comparative welfare state research. Using the Luxembourg Income Study data this study examined married women's dependency on their husbands' earnings in 16 western industrialized countries. The constructed measure for married women's level of economic dependency followed the procedure of Sørensen & McLanahan(1987), which stated : "her dependency is measured by the extent to which a woman's standard of living(as determined by her share of income) is derived from a transfer from her husband." The finding suggested that married women's economic dependence was lowest in Scandinavian countries. On the contrary, in Southern Europe countries most married women were dependent on husbands' earnings. In Netherlands, Austria, Germany where the share of part-time work among married women was high, married women's economic dependence was also high. This showed the women's labor force participation did not mean that the majority of couples were equal with respect to earnings, nor that a major shift in the sexual division of labour has taken place. This paper analysed the causal relationship between the married women's economic independence and the welfare state by using Ragin(2000)'s Fuzzy-Set Qualitative Comparative Analysis. This analysis considered the various conditions of the welfare state : namely, left power, union mobilization density, women's mobilization, public service sector employment and generous support on the family. The result showed that powerful union, high level of women's mobilization and the generous support on the family were necessary conditions for 'relatively high' level of married women's economic independence.

New Government's Responsibility and Achievement in Records & Archives Management (공공기록물 관리에 있어 이명박정부의 책임과 '업적')

  • Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.257-280
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    • 2008
  • The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

A Study on Entrepreneurship and the Effects of Entrepreneurship Education Program on Entrepreneurship Intention and Entrepreneurship Behavior of University Students (대학생의 기업가정신과 창업교육프로그램이 창업의지와 창업행동에 미치는 영향에 관한 연구)

  • Bae, Byung Yun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.4
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    • pp.115-125
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    • 2022
  • In today's era when the concept of a lifelong job has disappeared, starting a business is an essential consideration for university students not only as an alternative factor in finding employment, but also from the perspective of the entire life. Today, most universities in Korea are operating entrepreneurship education programs, such as entrepreneurship classes as a curriculum, and start-up clubs as a non-curricular program to foster entrepreneurship among university students. In previous studies, entrepreneurship is a factor influencing the entrepreneurship intention. The purpose of this study is to empirically examine the effects of university students' entrepreneurship and the entrepreneurship intention through a entrepreneurship education program (participation in a start-up club, taking an entrepreneurship course) on entrepreneurship behavior. There are some empirical studies on whether entrepreneurship education programs such as participation in startup contests affect the entrepreneurship intention of university students, but not much compared to their importance. It is difficult to find an empirical study examining the effects of entrepreneurship and start-up education programs on entrepreneurship intention and entrepreneurship behavior in domestic and foreign studies. Therefore, in this study, one domestic university that operates a start-up club and a entrepreneurship course was selected and the online questionnaire was distributed to all current students, and the collected 127 questionnaires were used for empirical analysis As a result of the study, first, it was confirmed that initiative and risk-taking, which are sub-factors of entrepreneurship of university students, had a significant positive effect on entrepreneurial intention, respectively, and that innovation did not have a significant positive effect. Second, it was confirmed that university students' participation in a start-up club, a sub-factor of the start-up education program, had a significant positive effect on their entrepreneurial intention, and that taking a start-up course did not have a significant positive effect. Third, it was confirmed that the entrepreneurial intention of university students had a significant positive effect on entrepreneurship behavior. Fourth, it was confirmed that the entrepreneurial intention had a mediating effect between each of the factors of risk-taking, and participation in a start-up club and entrepreneurial behavior. This study suggests that university students can increase their risk-taking, increase their entrepreneurial intention by participating in a startup club, and reach a entrepreneurial behavior through this as a medium.

Research Framework for International Franchising (국제프랜차이징 연구요소 및 연구방향)

  • Kim, Ju-Young;Lim, Young-Kyun;Shim, Jae-Duck
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.4
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    • pp.61-118
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    • 2008
  • The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.

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