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일본에서의 감정노동과 멘탈헬스대책에 관한 연구 - 일본에서의 돌봄노동의 사례를 중심으로 -
한국사회법학회 사회법연구 제26호 2015.08 pp.1-28
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6,700원
This paper aims to consider the relations between emotional labor and mental health in Japan. By focusing on the case of elder care work as emotional labor, this paper tries to understand how emotional labor is conducted and how workers who manage emotional labor come to face emotional difficulties. With the development of a service-based society, emotional labor has become an imperative duty in diverse service sectors that are based on interpersonal relationships. While managing their emotional labor, workers feel job-related emotional difficulties for various reasons, and this leads to an increase in the number of workers who have mental health difficulties. Although many Japanese workers have been experiencing mental health problems, it is not easy for them to get worker’s compensation to acknowledge their mental health problems and provide help. Nonetheless, compared to the past, the number of workers’ compensation claims is sharply increasing; thus, by improving relevant legislation and measures, the Japanese government’s policies are catching up to the actual situation that Japanese workers face and try to swim with the current of the stream. Therefore, this paper points out the importance of workers’ mental health issues due to emotional labor and suggests preventive and supportive measures for workers who are experiencing mental health difficulties. Through this research, I hope this paper can provide a rich and timely contribution to emotional labor research and help the public understand the importance of workers’ mental health problems.
9,100원
It has been 11 years since Korean government enacted “Special Act on Support for Human Resources of Small and Medium Enterprises(the Korean Special Act)” in order to address the problems of human resources of Small and Medium Enterprises(SMEs). Since there has been no evaluation of the Korean Special Act, it is necessary to check whether the Korean Special Act works well or not. If there is any problem for implementation of the Korean Special Act, revision of the Korean Special Act would be necessary. For the objective of this paper - presenting revision of the Korean Special Act, if any - I studied not only the Korean Special Ast but also the “Japanese Act on Support for Human Resources of Small and Medium Enterprises(the Japanese Act)”, of which the Korean Special Act follows the structures. I tried to get as many implications as possible for the revision through examining the Korean Special Act and studying the Japanese Act. First of all, I examined the Korean Special Act whether the clauses are implemented well. Most of the clauses are implemented well except some clauses. There are some ‘declarative’ clauses that are not implemented through any lower statutes. Then, I found that the Korean Special Act need to have the conference body to coordinate the other government departments. The Korean Special Act also need organization dedicated to focus on human resources problems. Through the studying of the Japanese Act, I draw two conclusions. One is that the Korean Special Act should be founded on demand side, not on supply side. The other is that local governments and SMEs are need to participate in the policy process. For the Korean Special Act being founded on demand side means that Korean government should replace the main idea that only the government could solve human resources with the idea that government had better guide SME's human resource management. SMEs and local governments are key players in human resources problems. SMEs have to plan their own human resources management. Local governments can accredit SME's plans to get any form of government assistance. In the short term, Korean government should solve the problem that lower statutes are not fully support the Korean Special Act. For the preparation of the lower statutes, the budget and the policy concern should be well arranged. In the long term, Korean government should revise the Korean Special Act to make inter-departmental conference and organization dedicated to human resources problems, to replace supply-side policy with demand-side policy, and to let SMEs and local governments participate in the policy process.
6,600원
Especially, what influence it would have on workers of the company that applies for rehabilitation procedure in Debtor Rehabilitation and Bankruptcy Act (DRBA, hereunder), that is, ① succession of work relations, ② efficacy of collective agreements, ③ and termination of work relations First, both in our nation and Japan, it becomes an issue whether the trustees of companies under rehab procedure succeed to the status of the existing managers. In our nation, theories that trustees succeed to the previous managers' status are prevailing while in Japan, theories recognizing succession and those not recognizing it collide. It's considered appropriate that user's position of a company under rehab procedure and the manager's status should be given to rehab trustees as long as they exclusively possess the right to run corporate business and manage/dispose of corporate properties. Second, our nation and Japan define the legal nature of collective agreement as unexecuted bilateral contract, and the laws exclude the trustee's right to cancel collective agreements. Also, in case collective agreements made in normal managerial conditions hinder corporate rehabilitation, academic theories and judicial precedents both recognize the need for altering them against workers' advantages to meet corporate financial situations. Its basis is, allegedly, that in both countries, if users suggest alteration to collective agreements due to changes in corporate situations, representatives of labor union and workers accept it, and the newly-made collective agreement does not violate collective autonomy. Third, on termination of work relations, concerning requirements to lay off due to managerial reasons, there is difference between two nations. Korean Labor Standard Act stipulates(Clause 24) 4 requirements to lay off due to managerial reasons, that is, ① urgent managerial needs, ② efforts to avoid lay-off, ③ setting of reasonable, fair lay-off criteria and selecting those needing to be laid off, ④ and notifying the labor union, and faithful consultation with it 50 days before the lay-off (or with those representative of the majority of workers in case of there being no labor union composed of the majority of workers).
7,900원
Freedom of employment of the employer based on the management rights constitutional law of limitation was small. Changes in the recruitment market, was to allow employer to lead the recruitment market along with the freedom of employment. employer wants a variety of specifications and certification documents. In addition, the portfolio in order to appeal yourself to job seekers, self-introduction are also requested. Therefore burden of job seekers by the recruitment market has increased, social waste has also increased. The government protects the job seeker's rights in the recruitment market, was enacted the “recruitment procedural law” for fair recruitment procedures. However, “recruitment procedure law” has not yet been activated. this is because there is insufficient recognition of the company to “recruitment procedural law”. job seekers, subject to financial and time loss for the request and the non-return of the recruitment of the document in the recruitment process. in addition, job seekers damaged because of false recruitment advertising, or the situation that is stealing their work occurs, it has become a social problem. Therefore there is a need for full enforcement and fast activation of “recruitment procedural law”. This requires the cooperation of companies, the aggressive response of job seekers. In this paper, we consider the freedom of employment of the employer. also, take look at the main contents and the current situation. in addition explain the enacted background and purpose of the “recruitment procedural law”. and it is a core part of the a“recruitment procedural law” (ⅰ) As relevant statute of recruitment advertising , “prohibition of false recruitment advertisings, etc.”, “to prohibit the change of the contents of the recruitment advertising”, the “attribution extortion prohibition of recruitment documents.” take a look. (Ⅱ) As relevant statute of return the recruitment documents “refund claims of seekers,” “return obligation of employer,” “Delete and storage of documents”, “duty of care for the return” take a look.
7,300원
The aim of this study is to diagnose the relevant provisions and accident prevention programmes of the German government as well as the statutory accident insurance scheme in Germany to show the improvement of corporate competitiveness through occupational safety measures and the reduction of the workers compensation rate as a result thereof. The first chapter deals with the presentation of relevant safety & health regulations. The second chapter deals with the different supervisory bodies related to occupational safety and health, the detection of relevant infringements and taken enforcement measurements. Chapter III deals with the analyzation of principles of accident prevention, different prevention services and their investment costs etc. in the workers’ compensation scheme. In Chapter IV the effects of the government's business invigilation and the accident prevention of the workers compensation scheme will be shown by analyzing accident indicators from 1960 to 2013. Chapter V shows the result of this study and the impact of accident prevention on the improvement of corporate competitiveness.
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