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Environmental Cooperation for Environmental Welfare Society
한국사회법학회 사회법연구 제25호 2015.04 pp.1-19
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5,400원
본 연구는 환경복지 사회를 지향하기 위한 민관 환경협력에 대한 연 구이다. 첫째로, 지속가능발전법의 제정배경과 최근 발의된 지속가능발 전법 개정안들을 살펴보고, 지속가능발전을 위한 거버넌스 현황을 지방 의제21의 활동과 함께 고찰한다. 이를 위해 터키의 거버넌스 개혁 노 력에 대한 소개도 이루어진다. 둘째로, 환경부와 국방부의 환경협력협 의회 현황 분석을 통해, 실무협의회를 통한 행정부간의 능동적인 환경 문제 대처노력을 인지한다. 마지막으로, 정부의 중소기업 및 기업환경 정책협의회를 통한 산업계와의 소통 성과를 정리한다. 이러한 연구를 통해 온실가스 배출권거래제, 화학물질 등록 및 평가 등에 관한 법률 , 유해화학물질 관리법 등 새로운 환경법제도가 정착 되어가는 과정에서 정부와 이해관계자, 산업계, 지자체, NGO사이의 협 력관계가 주요한 부분임을 도출하였다. 더 나아가 국민이 원하는 환경 복지 사회를 이루기 위해서 소통을 통한 환경협력, 불합리한 규제철폐, 행정처리 관행제도 개선이 필요함을 제언한다.
6,400원
Labor contract relationship's purpose is contract labor of others. Labor of workers is mediator. In the implementation process, happening some disaster is regrettable but inevitable. The occurrence of labor accidents is “inherent danger at all times.” In the early past of the industrial revolution, industrial accident that occurred in workers has been only confirmed intently misfortune of workers. However, It is more than these misfortune of workers. Threat of living of family of the workers, of course, leads to the anxiety of the society. It has become a social problem. The occurrence of industrial accidents is not confined to mean the actual labor ability loss or degradation of individuals. It must bear some of the problems associated with the skilled labor force loss of the company. Labor accidents, resulting in a problem to the performance of the company's business, and therefore, are those that result in the loss of company. It is very difficult to prevent industrial accidents of today. There is a very technically complex risk. above all, slack industrial safety awareness of each individual is a problem. In this situation, If the fact that the occurrence of industrial accidents occurs, sanctions against business owner becomes the center immediately. Effect of sanctions against business owner is a situation that has reached the limit. Discussion of legislative policy about ‘How effectively’ prevent the occurrence of industrial accidents must become the center. Rather than a post-sanctions the legal system, it must be reorganized so as to center the prevention. It must be focused on maximizing prevention function through constantly surveillance. Therefore, it is necessary to activate the o rganization responsible for industrial safety feature in workplace. And there is a need to information about industrial safety activities is published in the external. Country, must become a center support to the health and safety activities. More than anything, it simplifies the complex industrial safety health legal system such as the current, there is an urgent need to clarify. Finally, it is necessary to strive to find a method that can draw cooperation with active participation of the workers. In addition, there is a side effect of the risk of industrial accidents has been concentrated in the external human resources and non-regular workers. It must be prevented these problems. Industrial safety legal system reform is urgent.
6,700원
After the foreign exchange crisis in 1997, contracting-out as a restructuring measure on the public sector is that the national government has positively recommended privately comprehensive social welfare centers as a policy supporting budgets while each local government establishes social welfare centers or changes the previous facility in order to match it with the criterion of the national government. In other words, contracting-out as a policy tool aimed to reduce budgets and labor forces and improve professionality. However, this contracting-out has produced the problems such as the limits of selection process either reconsignment or limited competition, poor outcomes, limits of managing ability of the government, inhibition phenomena of publicness, increases of consumer's burden, etc, in spite of the purpose of providing comprehensive social welfare services in the local community. Moreover, the private contract of consignment has an indirect employment type. That is to say, the consigners are national or local governments and the consignees are corporations or social welfare organizations and facilities so that there is the bipartite legal relationship between the parties, but the tripartite legal relationship is committed in case of including the social workers assigned with consignees. In this regard, the social workers' legal status in employment and labor laws has not been protected in reality due to the indirect employment type as a contracting-out system. To solve the problem, it is necessary to examine and explain whether or not both social workers and consigners such as the national or local government have a subordinary relationship in employment. In addition, social workers have the poor circumstances such as low wages and long working time and need to move collectively in terms of labor unions to improve them. As a result, social workers shall allow the national social welfare union founded on January 12th, 2014 to improve their working conditions and circumstances and join positively and empower it. Lastly, The Act for the Treatment and Improvement of Status of the Social Worker, etc needs to be revised. Firstly, it is stipulated clearly that a social worker is the employee, a social welfare center and facility being the employers. Secondly, if social workers's employment types are determined and subordinary relationships are accepted, the responsibility of the consigners such as the national and local government shall need that The Act on the Protection, etc. of Temporary Agency Workers shall be inserted into this Act. Thirdly, non-regular social workers have been increased and The Act on the Protection, etc. of Fixed-Term and Par-Time Workers and The Act on the Protection, etc. of Temporary Agency Workers shall be inserted into this Act in order to protect them. Fourthly, the social workers' labor's three primary rights shall be regulated in this Act in order to protect them under Article 1(Purpose) of the Trade Union and Labor Relations Adjustment Act. This is a necessary provision to stimulate labor unions' activities such as the foundation and movement of labor unions. Fifthly, with respect to social workers' human rights violations, the penalty provisions shall be inserted into this Act to punish them strongly. This will prepare for the applicable provisions in order to protect the human rights of social workers.
5,400원
With Korea's population aging like advanced countries', we need to discuss about income insurance for the aged. The way for senior citizen to get old age social income is that an employment retention in which they get a job and earn a living by themselves and a social security in which they get a national pension to live. Their compulsory retiring age is 60 from 2016 which means senior citizen could keep working and make a gain by 60 maintaining employment. However, the age to get national annuity is over 65 where there would be no gain at the age from 60 to 64 after retirement. It is necessary to make a systematic complement for the aged to make a secure income in this no income period. Considering the labor market, the possibility is extremely rare for the advanced age 60-64 to be hired with the decreased demand of an older work force on top of youth unemployment. Therefore, they need to focus on maintaining income through social insurance in this term of no-gain. The system to preserve income of wokers over 60 is not only a basic pension to pay the cost of living for the poor but also a national pension providing by their earnings, an individual retirement pension and a personal pension. In spite of the fact that we have triple layer's income insurance systems like advanced countries, those pensions will not ensure incomes of the work force of the aged. With national insurance purchase rate is low and income replacement rate is under 50 %, there is always the risk of shortage of finance which causes a weak oldage social security. The number of people applying for retirement pension declined because it's not an obligation for workers to apply for it. We are not going to review and discuss about personal pension due to the great age who have the ability to join the national pension plan and pay it are not the people who is in the threat of survival. Our modern oldage security system for the old has a limit to support them anyway. Therefore supplement system is indeed necessary. We need to increase legal minimum wage and extend unemployment benefit duration after retirement at the age of 60. It is considered to be a short term but effective system. The time of retirement age and receiving their pension needs to meet with the operation of intergrated system in the long term like Sweden and Japan. And an additional revision is essential to level retirement age up or abolish the obligation to work only until the age of 60 which will lead to an continuous employment promotion.
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