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사회법연구 [Studies of Social Security Law]

간행물 정보
  • 자료유형
    학술지
  • 발행기관
    한국사회법학회 [The Korean Association of Social Security Law]
  • pISSN
    1738-1118
  • 간기
    연3회
  • 수록기간
    2003 ~ 2025
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 360 DDC 340
제29호 (6건)
No
2

종교인의 노후소득보장에 관한 연구

김태환

한국사회법학회 사회법연구 제29호 2016.08 pp.1-21

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5,700원

The National Pension Service classifies religious persons as a person exempt from payment of pension contributions, based on reasons that they have difficulty in maintaining basic livelihood. In other words, religious persons have been exempt from the pension payment by applying for payment exemption because their income generated from providing religious services is not classified as earned income or business income under the Income Tax Act. As they do not join the National Pension that is open to the Korean nationals, this causes difficulties in securing income of the religious persons after retirement. However, the Income Tax Act was amended, recently. Among the incomes under the Income Tax Act, income of religious persons is classified as other incomes, so the religious person should pay taxes from January 1, 2018. Imposing taxes to religious persons means that the religious persons are recognized as having incomes and they also have capabilities to pay the National Pension premiums. At this juncture, it is necessary to discuss the joining of the national pension program by the religious persons. In fact, the three major religions in Korea–Protestantism, Buddhism, and Catholicism- are maintaining their own systems to secure income of religious persons after retirement. In the Protestantism, each religious body is operating its own pension system. In the Buddhism, the Jogye Order, the largest order, formulated so called “the Act on the Welfare for Buddhist Monks.” Under this Act, the premiums of the National Pension, the National health Insurance, and the Long Term Care Insurance are paid jointly by the order and a parish. Catholic churches determined to pay income taxes since March, 1994 and the National Pension contributions are withheld from income. However, the existing systems to secure incomes of religious persons after retirement in each religious body are facing limitations. It is necessary to take measures to improve such systems. Even, some religious persons do not receive any benefit of such systems, emerging as a serious problem. In this regard, this study compares and analyzes the existing systems to secure incomes of religious persons after retirement in the major religions, finds weak points and proposes measures to improve them.

3

미국의 직장 내 괴롭힘의 규율 현황과 입법 논의

문강분

한국사회법학회 사회법연구 제29호 2016.08 pp.23-53

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7,200원

Workplace bullying is a severe and pervasive problem in the United State. U.S. anti-discrimination law requires the organizations treat employees with cares for age, sex, age, and other traits, it is practically difficult to regulate bullying behaviors. In 2004 Prof. Yamada proposed Healthy Workplace Bill to protec temployees from bullying behaviors which are not regulated under the existing statutes and to provide realistic remedies to the victims. Despite the controversial debates over the pros and cons of this Bill, it brought nation-wide awareness of the issue and led enactment in California. Furthermore, synthetic movement has been made with relevent policies and labor unions. This thesis hopefully help for Korean society to recognize practical details in the issues and to proceed relevant enactment.

4

6,100원

The employee attended a get-together that the department of company planed to have and went to karaoke room to have some fun with the members of team. he went out to the karaoke room and opened the window to go to the toilet. but the window that he opened is not that of toilet. So he dropped from 4 floor and got wound. The reason why he considered the window as the door of toilet was drinking too much and was lacking in judgement. he applied for the benefit of workers’ compensation law, but the authority denied the application. so he filed an objection in court. The supreme court decided that he couldn’t receive the benefit, because the accident occurred beyond the normal category of risk. the ground of judgement was that he drank too much by himself although the co-workers asked him to stop drinking. I think that the decision of supreme court has a few problems, First, the decision matches the system of workers’ compensation law that don’t demand non employee’s negligence except the intention of employee. Second, the judgement of adequate causation in workers’ compensation law is that of adequate causation between employee’s act and the accident, the accident and injure(illness or death). the judgement of adequate causation in workers’ compensation law don’t demand the judgement that is whether the employee act is included within the occupational act. Hence, I think that wound employee has the qualification to receive benefit of workers’ compensation law.

5

싱가포르 외국인 가사근로자제도와 시사점

정봉수

한국사회법학회 사회법연구 제29호 2016.08 pp.79-106

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6,700원

People and products cross borders freely in the era of globalization, integrating all nations into one great market. Singaporeans have taken advantage of the supply of cheap foreign domestic workers. Through this, the city state has increased its competitiveness by making the most of its female manpower by keeping child-rearing expenses low while improving the quality of life. Koreans also need to take advantage of the supply of foreign domestic workers, as is done in Singapore, towards increasing the low birth rate and assisting highly-trained women to avoid giving up their careers to raise families. Singapore introduced its Foreign Domestic Servant Scheme (FDSC) in 1978 to bring in foreign domestic workers. There are three factors behind the FDSC's success. First, there has been a greater supply of domestic workers from neighboring countries than demand for their services in Singapore. Second, it has been possible to maintain a secure supply for a long time through the strict immigration regulations that make it difficult for foreign domestic workers to work illegally. Third, Singapore's indirect supervisory administration makes efforts to protect the human rights of these domestic workers and improve their working conditions. In order to take advantage of low-cost foreign domestic workers as Singapore has done, there are three problems that need addressing. First, how can we maintain these low labor costs over a long period of time? If the costs end up being the same as hiring Korean workers, there is no benefit to hiring foreign domestic workers. Second, how can we prevent foreign domestic workers from working illegally while other migrant workers are earning three times more money? This is only possible through strict enforcement of immigration law for both Korean employers and migrant workers. Third, how can we protect domestic workers from abuse at the hands of their domestic employers while they work inside individual households? This requires an administrative supervisory system that conducts pre-work training, strict enforcement of law against illegal activity, and efforts to prevent violations.

[기고문] 일본 노동법학회 참관기

6

노동법상 학설의 역할

니시타니 사토시, 이승길

한국사회법학회 사회법연구 제29호 2016.08 pp.107-122

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4,900원

 
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