• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.29-51
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• 2016

This paper reviews the Supreme Court decision of the United Kingdom in Jivraj v. Hashwani (2011) concerning the employment issue of arbitrators, falling within the exception of genuine occupational requirement under the Employment Equality (Religion or Belief) Regulations 2003, and nationality of arbitrators. In 2011, the Supreme Court of the United Kingdom delivered its judgment in Jivraj v. Hashwani, unanimously overturning decision of the English Court of Appeal. The facts of this case and the decision of the Court of Appeal have been widely discussed. The decision of the Supreme Court has been met with approval within the international arbitration community in London, having restored the legal position to that prior to the Court of Appeal's ruling. Thus, the Supreme Court unanimously overturned the Court of Appeal's finding that arbitrators are the employees of the arbitrating parties. Arbitrators were held to be genuinely self-employed, and therefore outside the scope of the Regulations or Equality Act(2010). As such, the anti-discrimination provisions are not applicable to the selection, engagement or appointment of arbitrators. Most importantly, the Supreme Court's finding that arbitrators are not employees removes the possibility of challenges to arbitration agreements on the grounds that they are in breach of the Equality Act. As a practical matter, parties no longer need to consider carving out nationality provisions when drafting arbitration agreements.

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.1038-1043
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• 2021

Guaranteed seafarer wage payment is essential to ensure a stable supply of seafarers. However, disputes over non-payment of wages to seafarers often occur. In this study, an automatic wage payment system was designed using a blockchain-based smart contract to resolve the problem of seafarers' wage arrears. The designed system consists of an information register, a matching processing unit, a review rating management unit, and wage remittance before deploying smart contracts. The matching process was designed to send an automatic notification to seafarers and shipowners if the sum of the weight of the four variables, namely wages, ship type/fishery, position, and license, exceeded a pre-defined threshold. In addition, a review rating management system, based on a combination of mean and median, was presented to serve as a medium to mutually fulfill the normal working conditions. The smart contract automatically fulfills the labor contract between the parties without an intermediary. This system will naturally resolve problems such as fraudulent advance payment to seafarers, embezzlement by unregistered employment agencies, overdue wages, and forgery of seafarers' books. If this system design is commercialized and institutionally activated, it is expected that stable wages will be guaranteed to seafarers, and in turn, the difficulties in human resources supply will be solved. We plan to test it in a local environment for further developing this system.

• Korea Journal of Hospital Management
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• v.24 no.2
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• pp.1-11
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• 2019

Purpose: The purpose of this study is to identify relationship between work unstability and personal medical expenditure ratio focusing on wage workers' contract period. Method: This study analyzed 2015 yearly data beta version of Korea Health Panel, co-managed by Korea Institute for Health and Social Affairs and National Insurance Corporation for data analysis. When executing linear regression, Household income was applied with equivalized income, and the proportion of personal medical expenditure was naturally logged to perform linear regression and the demographic and socioeconomic factors were taken into account. The demographic and socio-economic factors were also considered. Findings: As a result of reviewing the used factors, it was found that the more unstable work status, the higher personal medical expenditure ratio. This result corresponds to 'The Theory of Fundamental Causes' by Link & Phelan. Conclusion : It indicates that policy efforts should be made to improve the working environment and health level of socially unstable workers.

• The Southeast Asian review
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• v.28 no.2
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• pp.85-117
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• 2018

This paper discusses the development of labor law in Indonesia after the 1998 reformasi. The end of the authoritarian regime and the subsequent introduction of democratic institutions in the country have opened up new spaces to restructure labor relations. The government promulgated a set of new labor laws that has brought tremendous changes to the employment system and the system of labor disputes settlement. In the face of the challenges these changes have created, labor unions are using alternative means to defend their members' interests. This paper shows how labor law reform has set a new social contract between the government, employer associations, and the labor movement.

• The Korean Journal of Food And Nutrition
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• v.20 no.2
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• pp.226-239
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• 2007

The purpose of this study was to identify the problems related to the purchasing processes of school foodservices that should be corrected for the food service safety, by examining the purchasing processes and the status of supplier selection. A questionnaire was given to 300 dietitians working at self-operated food services. Ninety-eight responses, excluding incomplete answers, were used for the statistical analysis. The survey consisted of three parts: the general characteristics of the school foodservice and dietitian, purchasing processes and supplier selection, and the purchase specifications. We found that 84% of the contract was made by informal purchasing, and the contract period was 6 months or one year. For supplier selection, problems related to the document screening systems were the superficiality of the content(45.7%) and the absence or lack of clarity of the appraisal criteria(34.8%). The important factors for the facility and equipment standards of suppliers were included unclear evaluation methods for content(41.1%) and inappropriate appraisal lists(21.1%), while unclear evaluation methods for content(41.9%) and absence or lack of clarity of the appraisal criteria(20.4%) were the problems pertaining to the supplier evaluation checklist. When using the Food Labeling Standards to select suppliers, confirmation of the sell-by date and the storage method had the highest score at 3.85 out of 5. For supplier selection, only 25% of the contract was made by using the purchase specifications. The levels of satisfaction of with Kimchi and rice cakes suppliers were significantly different according to employment type and educational background, respectively. Depending on working experiences, satisfaction was significantly different for the use of document screening, as a standard for the selection and management of suppliers, and for the facility and equipment standards of suppliers, The use of purchase specifications was different by employment type, while the use of purchase specifications for contracts was different by working experience. These results imply that the specialization of suppliers is necessary to unsure food safety. Therefore, the objective methods to evaluate the suppliers should be developed by the government, and appropriate education programs for dietitians should be prepared to enhance the utilization of purchase specifications.

• 한국사회정책
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• v.23 no.2
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• pp.141-172
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• 2016

This study examines the employment conditions and labour experience of elementary after-school care teachers in South Korea. Based on the empirical data collected through in-depth interviews with after-school care teachers in Gwangju Metropolitan City, the study considers multifaceted problems faced by after-school care teachers in their workplace. The after-school care class is part of educational policies initiated and rapidly expanded by the Ministry of Education, resulting in the substantial increase of non-regular school workers. The irregularization of after-school care teachers illustrates that the common problems faced by female non-regular workers, such as social discrimination, exclusion and inequality, are also transplanted into the typical public sector. In the case of Gwangju Metropolitan City, during the past two years there have been evident increases both in under 15-hour short time contract care teachers and outsourcing of care classes. Temporary part-time contract care teachers suffer relentless job insecurity and experience poor working conditions, exclusion and discrimination within the workplace and labour alienation. In order to minimize the organized resistance of care teachers, school authorities implicitly individualize and isolate care teachers through hierarchization, the division of labour and the spatial division of classes between indefinite and temporary contract teachers.

• The Korean Journal of Health Service Management
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• v.14 no.1
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• pp.111-122
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• 2020

Objectives: The study aims to compare indirect form of employment with direct form of employment on the variables of occupational danger and physical health. Methods: I studied based on the data of 5th Korean Working Conditions Survey (KWCS) which was performed by Occupational Safety & Health Research Institute of Korea Occupational Safety and Health Agency in 2017. SAS 9.4 was used for statistical analysis of the final data. Results: Based on the verification result, the hazard is higher for direct employment than for dispatch or subcontract in case of exposure to risks in the health and social welfare industry. Based on cross tabulation, significant differences were found in the proportions of harmful and safe tasks in direct employment and those in outsourcing in the physical health industry. It was found that the risk of hazard is 2.18 times higher in outsourcing jobs than in direct employment. Conclusions: It is necessary to consider a dispatch and subcontract partner as a strategic partner and not simply hand over dangerous or hard tasks to them. Active and aggressive cooperation along with support from the employer enterprise built in the contract is necessary for the safety and health of dispatch or subcontract laborers.

• Korean Journal of Community Nutrition
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• v.8 no.5
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• pp.744-754
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• 2003

At present, health care industries throughout the world are struggling with the challenges to set up financial structures as cost-effective ways and means of satisfying customer needs for health care services. Many hospitals consign foodservice management to foodservice companies for the purpose of efficiency. The companies taking charge of hospital foodservice are also striving to gain an advantage over keen competitions. This study applied Quality Function Deployment(QFD) to one hospital (which will be shown as $\ulcorner$A hospital$\lrcorner$ below) managed by a contract foodservice company for the purpose of strategy planning to provide sustainable competitive advantage. First of all, this study scanned internal and external environment of $\ulcorner$A hospital$\lrcorner$ by means of a Quality Measurement Tool and a fieldwork study. With the result of environment scanning, this study elicited 20 strategies through SWOT analysis, which were categorized by 4 perspectives such as financial, customer, internal process, learning and growth perspectives. Finally, the priorities of 20 strategies were extracted from QFD methodology. According to the results obtained by applying QFD to $\ulcorner$A hospital$\lrcorner$'s foodservice, the strategies which $\ulcorner$A hospital$\lrcorner$ foodservice was obliged to introduce and implement were : the specialization of Children's hospital foodservice, scientific foodservice management through the standardization of foodservice operations, the maintenance of sanitary quality through sanitary system, the remodeling of facilities, the introduction of new equipment, the prompt and accurate response to customer needs, the development of appropriate patient menus, the provision of competitively priced meals for patient selection, the development of a demand forecast model by considering the characteristics of a children's hospital, improvement of productivity and the reduction of labor costs through the employment of experienced employees based on their seniority.