Earticle

This trip is the second one to South America, since I made the first trip in 1997, when the 15th World Congress of the ISLLSS was held in Buenos Aires, Argentina. The 14th World Congress was hosted to Seoul in 1994, where around 2,000 gathered from all around the world. As the General Secretary of the Organizing Committee of the Seoul Congress, I had to take care of the biggest congress in the history of the Society with six different languages including Russian. The 15th World Congress was open with a minute of silence to the late Professor Kim Chi-sun, who took over the presidency of the Society in 1994 but passed away in 1996. As the chairperson of the second plenary session, I proceeded the session in German, after I consulted with Professor Wolfgang Däubler. At the Executive Committee Meeting, which was convened before the opening of the 20th World Congress in Santiago de Chile, the Organizing Committee reported that around 750 people from 47 countries registered themselves. The Executive Committee made the following statutory appointments, all by acclamation and all for the term 2012-2015: ⅰ. Secretary General: Giuseppe Casale (Italy/ILO); ⅱ. Treasurer: Stefano Bellomo, Italy ⅲ. Auditor: Stein Evju, Norway, (reconducted) ⅳ. Vice-presidents: Ms. Martine Le Friant (France), Ms Marylyn Christianson (South Africa), Messrs Miroslav Belina (Czech Republic), Kwang-Taek Lee (Korea), Emilio Morgado(Chile) At the closing of the Congress Professor Adrián Goldin of Argentina was to take over the presidency of the Society from Professor Michal Sewerynski of Poland. Dr. Giuseppe Casale of Italy took over the mission of Secretary General from Arturo Bronstein, who had served the post for 11 years. I reported at the Committee the preparation of the 9th Asian Regional Congress. The general report on Theme Ⅰ“The effectiveness of Labour Law and the role of the Labour Inspection”was made by Dr. Giuseppe Casale, Director, Labour Administration and Inspection Programme of ILO. He urged that there is a need to focus on certain issues, such as the priority areas for a country’s action, in terms of achieving an effective labour inspection system: Drawing up national policies and programmes, Lifelong learning, Cooperation with public and private institutions with regard to the inspectorate’s operations, Strengthening relations with worker and employer representatives, Improve administrative procedures and provide an incentive to enhance the deterrent effect of sanctions, Improve international collaboration, Information and communication technologies. The general report on Theme Ⅱ “Sexual and Moral Harassment in the Workplace” was made by two young male professors Sergio Gamonal C. of University Adolfo Ibáñez and Jose Luis Ugarte C. of University Diego Portales. The Chilean professors emphasized that since the seventies, working systems have been emphasizing the defense of human rights or fundamental rights of workers. The labor doctrine refers to Enterprise Citizenship or Nonspecific Labour Rights. They cited Kahn-Freund “the relation between the employer and an isolated worker is typically a relation between a power‘s titular and someone without any power (…) It is originated by an act of submission and produces a situation of subordination, despite the fact that it can be disguised by a juridical fiction known as the <labour contract>. The principal aim of Labour Law has always been –and we can say, will be- to constitute a counter balance to equilibrate the inequality of negotiating power inherent to the labour relation.” After the general report and the panel discussion, I made a presetation on the situation in Korea: The term “sexual harassment” had not been found in the positive legislation, until the Framework Act on Women Development(WDFA) was enacted on December 30, 1995. The judicial court began to use the term “sexual harassment” on February 10, 1998, when the Supreme Court sent the case back to the Seoul Appellate Court repealing its decision after two and half years on theory of the compensation of the mental damages. Sixteen months after the Supreme Court’s decision, the Seoul Appellate Court on June 25, 1999 held that the defendant’s conduct of sexual harassment constituted unlawful act and ordered the defendant to pay a 5 mill. won(USD 4,644) in damages. Korea is characterized for tackling the sexual harassment not only from the viewpoint of working environment of workplace, but also from the general feminism and further from the human rights. The Government ressorts for the prevention, dispute settlement and punishment of the sexual harassment are the Ministry of Gender Equality and Family(MOGEF), the Ministry of Employment and Labor(MOEL) and the National Human Rights Commission(NHRC). The general report on Theme Ⅲ “Strike as a Fundamental Right and Its Risks of Conflicting with other Fundamental Rights of the Citizens” was made by Professor Bernd Waas, Goethe University Frankfurt, Germany. He conclued that the constitutions of many States have explicitly recognised the right to strike. In others, it is not explicit but implied. In several States it is not possible to speak of a right but only of a freedom to strike. However, the issue is not whether the right to strike exists, but whether there are limits on the modality of engaging in industrial conflict. Some time ago the following was observed: “The problems most frequently arising in connection with the right to strike are: the imposition of compulsory arbitration by decision of the authorities or at the initiative of one of the parties; the imposition of penal sanctions for organizing or participating in unlawful strikes; the requirement of an excessively large majority of votes to be able to call a strike; the ban on strikes by public servants who do not exercise authority in the name of the State; the power forcibly to requisition striking workers and, in many countries, the ban on strikes in certain non-essential services”.

National Pension System of South Korea has maintained a financing method with a large scale of the accumulated fund since introduction. The accumulated national pension fund has already grown as one of the top three funds in the world, and it is predicted that it will keep on growing and then rapidly decline from 2044. For sustainable administration and management of this national pension fund, various reform plans have been proposed, and yet substantial improvement of the system has not been made. The fund administration and operation system corresponding to the changed economic and social circumstances should be improved reflecting the purpose and nature of its management. In other words, its nature as liability reserve as specified in the law and the stability of the fund should be considered, expertise should be strengthened to help enhance its profitability. For this purpose, the roles and functions of the institutions related to the administration and operation of the fund are important, and to reflect the intention of the subscribers, the actual owners of the pension, representability of members of the institution is problematic. Also, representativeness of the institution is linked to the expertise of the fund management and actually comes down to the establishment of the Fund Management Corporation. However, it is difficult for this issue to be implemented without a preceding national consensus. Therefore, this study attempts to suggest improvements of institutional problems by closely reviewing the current fund administration/operation system and reform plans. This study can ultimately contribute to the improvement of the domestic trust in the national pension system and laying the legal foundation for the realization of a Korean welfare state.

The National Basic Livelihood Security System in Korea has played a role as the fundamental social safety net by meeting the basic needs of all Korean people. Especially of the criteria for a support obligator which has been accused of creating a blind spot of the system since the initial stage. The current criteria still shows many barriers despite such efforts. For example, some people in need are excluded from the list of subsidy recipients because of existence of a wrong support obligator who does not actually support their family while so-called Regarded Support of the system make it even harder for some recipients to manage livelihood. As a result, first, when avoiding and rejecting family support, the detailed criteria must be indicated, secondly for the lawsuit regarding social welfare, the special legal process or the Social Community must be formed and lastly, the principle and regulation on the family support obligation must be revised in a long-term.

Lately, It is being magnified as social controversy that government's basic pensions Act - establishment proposal - makes amount of pension which is being given to the poor senior citizens higher, and such basic pension is being given whether it makes connection with national pension or not. It may be aware that the basic pensions Act - establishment proposal - is a great step forward on the grounds which the Act may contribute to the poor senior citizens's income security. But it may be a target of criticism on the grounds that pension receipts decrease versus the pension being paid by national pension subscriber. Hereat, it investigates about the content and limit, improvement plan of basic pensions Act - establishment proposal - in this disquisition.

Charitable giving(donation), is the act of giving money, goods or time to the unfortunate, either directly or by means of a charitable trust. In other words, charitable giving is giving without receiving. Its purpose is to help people or organizations that need help funding themselves. According National Statistical Office in 2012 donations from individuals constitute 65.3% of the donations made to charities, while donations from corporations constitute 34.7%. Most Koreans state that they donate to charity because they want to help poor people. In Korea there were controls governing charities and businesses that accept donations. The current the Charity Fund-Raising and Using Act originated from the Charity Fund-Raising Prohibition Act of 1951, which prohibited the collecting contributions to protect the people from fraudful charity fund-raiser during the Korean War. The Charity Fund-Raising Prohibition Act, which revised in 1962 and 1970, was found unconstitutional by the Constitutional Court of Korea in 1998 on the grounds that the collecting contributions is not harmful or undesirable per se. Prior to that, the Act was revised completely in 1996 with the name change to the Charity Fund-Raising Regulation Act. Nevertheless this Act did not turn aside from the restriction of charity fund-raising, but still limit fund-raiser to accept donations. Finally the Act was once more revised with the name change to the Charity Fund-Raising and Using Act(the Charitable Giving Act) in 2006. The revised Charitable Giving Act, however, will not provide an effective incentive for individuals to donate to charity, because many sections do not aim at increasing charitable giving. There are Still many restrictions to fund-raising. In so far as charitable organizations need increases in funding to maintain necessary and vital aid to those in need of their services, the law should provide incentives for charitable giving by individuals and businesses. In response to the ever-increasing demand for charitable donations, the law would also provide a tax incentive to businesses by allowing them to take an enhanced deduction for charitable contributions. Congress should address those problems before it revises the Act.

Constitution law Article 33 (1) states that workers shall have the right to independent association, collective bargaining, and collective action. Thus, Workers have the labor’s three fundamental right by the Constitution. The issue that who are the subject of the labor’s three fundamental right is very difficult. We can resolve to clearly define what the worker’s concept is. And the issue that who are the subject of the labor’three fundamental rights of Teachers and Public servant is too. Constitution law Article 33 (2) is an object of review because it is that limits the labor’three fundamental rights of Teachers and Public servant. Under the current labor law, the dismissed employees from a workplace or the dismissed teachers should not be qualified to become union members by the Article 2 sub-paragraph 4 of the Labor Union and Labor Relations Adjustment Act and by the Article 2 of the Act on the Establishment, Operation, etc., of Labor Unions for Teachers. Nevertheless, the KTU's constitution still allows 9 dismissed workers to remain members. The Supreme Court is supporting Government position that Government refused an application to be recognized as a trade union which was submitted the Korean Government Employees Union. For all that, this problem is not completely resolved. To join the Trade Union of the dismissed teacher limited is to limit the right to organize. And it is the matter that May need to be applied to the Nationwide Labor Union as well. If we do not solve this problem, its argument will be continued. Labor Law Article 2. (4). (라) and ACT ON THE ESTABLISHMENT, OPERATION, ETC., OF TRADE UNIONS FOR TEACHERS Article 2, in relation to join the Trade Union of the dismissed teacher, can be applied to the Trade unions of Business units. And the Nationwide Labor Union be forced to apply its application by Government may be a breach of the constitution. The Constitutional Court and the Supreme Court said that it is applied the Trade unions of Business units, and said many of doctrines, too. Therefore, these clauses should be demanded as soon as possible.

Die Art der Arbeitswoche, flexible Arbeitnehmer, solange sie auf Zeit, wie Arbeitsplatzsicherheit und Karriereentwicklung arbeiten wollen, wird beibehalten. Darüber hinaus ist die Balance von Arbeit und Familienleben und Arbeitsleben der Familie von Systemen, die angeeignet werden kann. Wenn diese Bedingungen erfüllt sind: eine flexible Arbeitswoche, kann unsere Gesellschaft angemessen auf die niedrige Geburtenrate und die Alterung der Bevölkerung zu reagieren, werden verschiedene Arbeitsgruppen in der Lage, in der wirtschaftlichen Aktivitäten zu beteiligen. So, Qualität der Arbeitszeit, Beschäftigung, freiwillige Wahl der Vertragslaufzeit, Gleichbehandlung, ist das Recht eine wichtige Garantie. Einzige Ergebnis ist jedoch die quantitative Steigerung der Beschäftigungsquote in Vollzeit dundamyeon Zwecke wahrscheinlich zu erweitern. Darüber hinaus müssen Arbeitszeiten der Qualität gewährleistet werden. Das ist, um die Gesundheit der Arbeitszeiten zu gewährleisten, Arbeitszeiten Himmelfahrt kompatiblen Typ, Gleichstellung der Geschlechter durch Arbeitszeiten, produktiven Arbeitszeiten, Arbeitszeiten der Mitarbeiter, wie der Ausbau und Einfluss die Wahl vorbereitet werden. Folgendes sollte gemacht werden, um Gleichbehandlung und Rechte zu gewährleisten. Dies ermöglicht der Einsatz von entsprechender Qualität beibehalten werden sollte. Schließlich muss der Teilzeitarbeit, flexible Arbeitswoche, wie eine weiche Landung, um das Recht, als auch institutionelle und politische Unterstützung ordnungsgemäß zu verbessern durch eine Verbesserung in der Praxis begleitet werden.