• Title/Summary/Keyword: legal terms

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Restricted Use of Contingent Workers and the Factors of Shift from Contingent to Standard Workers in Brazil (브라질 비정규노동의 제한적 활용과 정규직화 요인)

  • Jeong, Heung-Jun
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.213-260
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    • 2013
  • This study pays attention to the restricted use and the possibility of standard position of contingent workers in Brazil. The labor market of Brazil has been developed by formal and informal labor sector, and informal sector includes various precarious workers as well as contingent workers. According to Brazilian Statistics Department, not contingent workers but informal labor focused in this paper have been slowly decreased since year 2000. In this context, this study investigated on the reasons of decreasing contingent employment in Brazil. The results demonstrate that decreased informal employment and instead increased standard workers could not be interpreted by recent the Braizil's economic boom. Along with literature review, the author conducted the case study regarding employment of contingent workers at six large foreign companies in Sao Paulo. The results of this show that the use of contingent employment was prohibited in regular daily works by the labor law and thus firms employed contingent workers in only temporary positions. Further, firms often promise standard positions for contingent workers when temporary employment contract was terminated since there is little or no exist of the differences of wage between standard and contingent worker in terms of 'same work same wage' and 'minimum wage'. In here, labor unions play a key role in employment change from contingent position to standard job. Consequently, decreasing of contingent workers and stepping stone to regular jobs seems to be triggered by both legal regulation on contingent employment and strong unions. This institutional perspective may extend the theoretical view on the use of contingent workers, and the author discuss that Brazil's case could provide practical implications to Korean labor policy.

Impacts of Minijob on Women's Employment in Germany (독일 미니잡이 여성 고용에 미친 영향)

  • Kang, Su-Dol
    • Korean Journal of Labor Studies
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    • v.23 no.2
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    • pp.277-306
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    • 2017
  • This article empirically explores the impact of minijobs in the wake of the Hartz reform in Germany on women's employment relationship. Theoretically it is of great significance to examine whether the minijobs play an active role as a bridge in leading the minijobbers to regular, socially secured jobs or not. Several interviews as well as secondary data I could get during my sabbatical in 2015 were used to test the theory. One of the main findings was the fact that the minijob labor market opened doors wide for women in Germany, particularly for career-interrupted women, students or pensioners. However, the minijob can easily become a trap of lowest income and poverty for women. Most women minjobbers cannot go over to regular, socially secured jobs. Especially in terms of collective industrial relations, it considerably damages the power of industrial unions and the legal binding force of collective agreement. In conclusion, this study makes it clear that the labor market segmentation theory rather than the transitional labor market theory is valid in accounting for the reality of minijob in Germany. In other words, the minijob in Germany has a Toijan Horse Effect. It also suggests, from a practical viewpoint, that German industrial unions or works councils organize the minijobbers and that the coverage of collective agreements be extended to the minijobbers. Consequently, the time-selective part-timer model put into practice in Korea in 2014 is not only invalid but also undesirable.

An Analysis of Indonesia Forest Moratorium: With particular reference to Forest Governance (인도네시아 산림 모라토리엄 분석: 산림 거버넌스를 중심으로)

  • JANG, SangKyung;BAE, Jae Soo
    • The Southeast Asian review
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    • v.23 no.3
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    • pp.49-92
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    • 2013
  • In May 2010, Indonesia and Norway signed a Letter of Intent on "Cooperation on Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation(REDD)." In the LoI, Norway agreed to offer Indonesia a sum of USD 1 billion with a view to encourage Indonesia to significantly contribute to the successful implementation of REDD+. On 20 May 2011, correspondingly, Indonesia announced the 2011 'Forest Moratorium' (the Presidential Instruction No. 10/2011) which was valid for the following consecutive two years. By means of the 2011 'Forest Moratorium', Indonesia aimed at significant reductions in greenhouse gas emissions from deforestation, forest degradation and peatland conversion. In so doing, it also sought to improve forest governance. Meanwhile, concerned stakeholders also raised various questions about the effectiveness of the 'Forest Moratorium'. As an extension of the 2011 'Forest Moratorium', Indonesia announced the 2013 'Forest Moratorium'(the Presidential Instruction No. 6/2013) for another two-year period on 13 May 2013. Indonesia's 'Forest Moratorium' is concerned with stakeholders at various levels, who may play a role of significant 'agent' in the process of implementing the 'Forest Moratorium'. This mechanism of the 'Forest Moratorium' should be understood in the light of forest governance. Employing stakeholder approach, therefore, this article attempts to analyze Indonesia's 'Forest Moratorium' in the light of forest governance. In this regard, it analyzes the detailed contents of the 'Forest Moratorium', the process of making the 'Forest Moratorium', current development of the Indicative Moratorium Map for suspension of new concessions on forest land, and contesting views of various stakeholders. At the same time, it also talks about how 'weak' forest governance had influence upon Indonesia's 'Forest Moratorium'. In so doing, this article consequently attempts to evaluate Indonesia's 'Forest Moratorium' and also put it into perspective in terms of improving forest governance. The 2013 'Forest Moratorium' fundamentally represents a radical policy that is designed to suspend new concessions on forest conversion for another two-year period and its detailed contents attempt to reflect on various stakeholders from related industries and environmental NGOs. However, there are challenging factors in the process of implementing the 'Forest Moratorium', that is, 'weak' forest governance and also a discrepancy between forest planning maps designated by central and regional governments. The announcement of the 2013 'Forest Moratorium', as an extension of the 2011 'Forest Moratorium', may functionally strengthen and improve Indonesia's forest governance. However, at the same time, there is a practical limit due to the fact that it is merely a Presidential Instruction that lacks legal binding.

A study on the risk assessment system for the harmful marine species: the legal problems and solutions (유해해양생물 위해성평가 제도의 문제점 및 개선방안 연구)

  • Lee, Chang Su;Moh, Youngdawng
    • Korean Journal of Environmental Biology
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    • v.38 no.4
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    • pp.691-704
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    • 2020
  • The Ministry of Oceans and Fisheries has designated 17 species as harmful marine organisms with the purpose of managing harmful marine species that threaten health and property. In designating and managing harmful marine species, detailed and effective regulations were originally established in November 2015, and a minor amendment of the directive was published in 2019 - Directive on Designating and Managing Marine Ecosystem Invasive Species and Harmful Marine Species (hereinafter, the Directive). Thus, this study had two aims: Firstly, to increase public awareness of the harmful marine species management system run by the Ministry of Oceans and Fisheries via description of the present harmful marine species risk assessment system. Secondly, to improve the current risk assessment system by providing policy suggestions developed through review of the present harmful marine species designation and management system. In so doing, this study reviewed the 'harmful marine species - harmfulness risk assessment system' in both the definitions of "risk" and "assessment". As a result, the present definition of 'risk' adequately fulfills the policy aims on the Regulation of Marine Ecosystem, which includes an economic value. However, it seems that there is a loophole in the rules of risk assessment, lacking terms of reference in the definition of "risk". Moreover, with regards to risk assessment, a quantitative risk assessment system was sufficient but lacked elements of qualitative risk, suggesting future research in this area may prove useful in the management of harmful marine species.

A Study on the Evaluation Indicators of Web Accessibility using Social Network Analysis (사회연결망분석을 활용한 웹 접근성 평가 지표 개발 방향 제안에 대한 연구)

  • Lee, Eun Suk;Cha, Kyung Jin
    • Smart Media Journal
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    • v.10 no.1
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    • pp.47-54
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    • 2021
  • Web accessibility is presented as a legal obligation to ensure users can access and use information and functions equally in the domestic public website sector. This study introduces the researcher network based on social network analysis (SNA) in order to show the citation relationship by identifying the network among researches in the field of web accessibility. Based on the analysis of the relationship and citation of academic researchers in the domestic web accessibility field, confirm the process of creating a research network. It is a visualization element that shows the citation relationship as well as the relationship and citation form between the studies as a network. Through the process of creating the network, and it can be confirmed and can be usefully used for future academic research network analysis. It is meaningful in terms of analysis for about 17 years from January 2000 to March 2017, a total of 50 papers published in journals registered by the National Research Foundation of Korea and candidate journals. By combining the evaluation metrics for each researcher, evaluation target, evaluation method, and evaluation result for web accessibility, and applying weights, identify the research direction and evaluation research trends in Korea's web accessibility field related to the relevant field and web accessibility evaluation research trends, and related to the researcher trend network.

Policies and Measures for Managing Personal Digital Legacy (개인의 사후 디지털 기록관리를 위한 정책과 방안)

  • Kim, Jinhong;Rieh, Hae-young
    • The Korean Journal of Archival Studies
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    • no.72
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    • pp.165-203
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    • 2022
  • Many people create records in digital space, and the amount of digital records left after individual dies has increased. The digital record left by the deceased is different from the record heritage that has physical substances. In many cases, the records of the deceased not just belong to the deceased, and many deceased did not explicitly disclose their online accounts and method of dispose of digital records during their lifetime, so this problem may lead to problems of inheritance to the bereaved family. In addition, digital records may be neglected or deleted after a person's death due to software problems, specific platform's terms of use, account deletion by bereaved family, etc. This leads to the problem that daily records, which are important clues to the social aspects at the time, are easily lost. Several studies have revealed that individuals are interested in preserving their digital records, but do not know how to do it, so they are benign neglect. For this reason, it is necessary to pay attention to personal digital records and personal digital legacy, and to prepare related policies and plans. Accordingly, this study analyzes problems related to the management of digital records after an individual's death, related to laws and systems, the status and policies of platforms and industries, the status of personal record management, etc. Various solutions were suggested, such as a need for enactment for digital personal record management act, platform's explicit policy for individual's post-mortem records, digital records management plan for archival institutions, individual's a preemptive management plan for his/her own records, and a method for writing a will related to digital account information.

Social Network Analysis of Long-term Standby Demand for Special Transportation (특별교통수단 장기대기수요에 대한 사회 연결망 분석)

  • Park, So-Yeon;Jin, Min-Ha;Kang, Won-Sik;Park, Dae-Yeong;Kim, Keun-Wook
    • Journal of Digital Convergence
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    • v.19 no.5
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    • pp.93-103
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    • 2021
  • The special means of transportation introduced to improve the mobility of the transportation vulnerable met the number of legal standards in 2016, but lack of development in terms of quality, such as the existence of long waiting times. In order to streamline the operation of special means of transportation, long-term standby traffic, which is the top 25% of the wait time, was extracted from the Daegu Metropolitan Government's special transportation history data, and spatial autocorrelation analysis and social network analysis were conducted. As a result of the analysis, the correlation between the average waiting time of special transportation users and the space was high. As a result of the analysis of internal degree centrality, the peak time zone is mainly visited by general hospitals, while the off-peak time zone shows high long-term waiting demand for visits by lawmakers. The analysis of external degree centrality showed that residential-based traffic demand was high in both peak and off-peak hours. The results of this study are considered to contribute to the improvement of the quality of the operation of special transportation means, and the academic implications and limitations of the study are also presented.

Study on the Justifiable Reasons for Medical Refusal (의사의 진료거부의 정당한 사유에 관한 고찰 -최근 일본의 논의를 중심으로-)

  • Lee, Eol
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.117-144
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    • 2020
  • In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

An Explorative Study of Big Companies' Expansion Strategies to Digital Businesses (대기업의 디지털 산업 확장 유형의 탐색적 연구)

  • Kim, Iljoo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.6
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    • pp.241-248
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    • 2021
  • Firms have many ways to expand their businesses including M&A. Big companies in online and offline businesses show different ways of expansion with different objectives to expand their digital businesses quickly. Expansions for technical reasons are to acquire technologies they do not have while those for business reasons are M&A for offline companies to have competence in markets by acquiring online companies. Other ways of expansions include spin-off and group participation after investments for startups. Various ways of expansions are chosen because they are optimal choices depending on situations the companies face, and they have different strengths and weaknesses. To analyze the strengths and weaknesses of those options for expansion at this stage would be academically valuable, and also practically meaningful in terms of providing insights for companies' decision making in choosing opitions for expansions. M&A of online companies to make multi-channels by offline companies have risks of failing to internalize online companies and have enough synergy effects. Also, spin-off is a relatively less risky way of expansion while the speed of expansion is slower than establishing external startups with some shares of equity and making them as affiliated companies. External startups are good for speed of expansion while there are risks of legal regulations and negative awareness by the public.

A Study on the Development of Feasibility Evaluation Model for Establishment of Public Libraries (공공도서관 설립 사전 타당성 평가모형 개발 연구)

  • Sin-Young, Kim;Hee-Yoon, Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.56 no.4
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    • pp.101-127
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    • 2022
  • Article 31(1) of the Libraries Act(Act No. 18547), which was completely revised on December 7, 2021, stipulates that "the head of a local government or the superintendent of a city/provincial office of education must formulate a plan for the establishment and operation of a public library in advance and obtain the pre-evaluation of the feasibility of establishing a public library from the Minister of Culture, Sports and Tourism." Through the preliminary feasibility evaluation at the construction stage of the public library, it is possible to adjust distribution to improve the adequacy of scale and resolve regional imbalances and gaps. In addition, it is expected to increase service satisfaction and operational enhancement by inducing faithful securing of core infrastructure (librarians, collection, facilities, systems, etc.) in terms of balanced regional development and public library construction. The purpose of this study is to develop and present the basic direction and feasibility evaluation model for establishment of public libraries. The proposed evaluation model is expected to secure the legal basis and institutional legitimacy of the pre-evaluation system for public library establishment and to prevent waste of tax due to poor construction and operation of public libraries.