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Regardless of the development of technology, the marine transportation still has unique ocean danger and thus the roles of the crewmen still has an important meaning. Especially, the captain is the person who directs and supervises finally the sailing of the ship in the sea and thus the role of the caption is a problem which is directly related to the ship, life and safety. Rights and responsibilities of the captain is regulated by various laws. The general rules are that the rights of the captain as a deputy such as the legal ship owner and the public position which regulates the safety and life of the ship are divided. The captain exercises various rights according to the marine law and such rights are mostly the civil rights provided by the country. If the captain abuses his rights, he shall receive a criminal penalty, however, there is a hard part in processing the damage occurred to the seamen or passengers on board of the corresponding ship as the national liability. Of course that if it is impossible from the seaman or passenger to receive the national compensation, they can ask for the user's responsibility and receive the damage compensation. It is comprehended that there has been not many cases so far that the captain investigated in person as the special justice police officer sent the case to the prosecution. Even though actual crimes are found, they are being ignored and thus the special justice police officer system for the captain is only a nominal system and only the title remains. Thus, in order to cope with the raid change, the duties of the captain as a judicial police officer should be reestablished. For example, it is needed to educate the special justice police officers on how to investigate professionally, and the way of establishing the professional training courses that the justice police officers should complete such as composition of investigating documents, how to investigate the related people such as the suspects, request for a warrant, preservation of proof and sending of the case etc for those who wish to become captains as well as the captains who are on board already as captains and letting them complete such courses can be considered. In case that they have completed these professional training courses, they can cope with the crimes occurring on board and perform investigation on the criminals or various crimes and proof investigation according to the related law and this will eventually generate the effect of prevention accidents and punish the perpetuators. Later, studies of newer prospective will be needed about the position of a captain as a justice police officer.

Moon Jae-in government has presented the socio-economic reform agenda fundamentally distinct from the previous Government to response to the problems of low growth and deepening polarization along with launching. Moon Jae-in government has proposed a labor-friendly income-led growth policy as one of the key economic policy and issues about labor policy and laws involving challenges to South Korea's labor-management relations and the structure of the labor market. This article makes an analysis the main content and nature of income-led growth policy and the background and contents of major policy relating to labor laws to examine their meaning, problems and reform directions.

The concept and standard of subordinate labor relationship plays a role of distinguishing one guoup of employees who are protected by the labor laws with the others who are not. Because, in Korea, there is no statute defining the concept and standard of subordinate labor relationship, it has relied on the cases rended by the Supreme Court of Korea. The Court, however, is divided as to the concept and standard of subordinate labor relationship. Previously, the Court adopted the rule applicable to the employees covered by the Labor Standard Act and many employees were excluded from the coverage by the labor law. Currently, the Court has begun to change its position and adopted new concept and standard of subordinate labor relationship, so called “economic subordinate labor relationship,” The Court criticized the traditional subordinate labor relationship because it is not proper to include the employees under the Labor Union Act which is applicable to the broader scope of workers and of which the purpose is different from the Labor Standard Act., and the court adopte new one. Under the new “economic subordinate labor relationship,” many employees, who are excluded from the coverage of the Labor Standard Act because they are lack of ubordinate labor relationship, have begun to be recognized as employees under the Labor Union Act. The new “economic subordinate labor relationship,” plays a great role for including the formerly unprotected emplyees into pretected ones by the lavor laws. But, it still needs to defined by the statues and cases.

An author intends to introduce working hours system in Japan in this research. Furthermore I wanted to see how working hours are being managed or checked in Japan. This is because these issues are also actively discussed in South Korea. Conclusions are as follows: First, it should be pointed the Labor Standards Act provides election procedures of representatives of workers in the absence of a majority labor union. Second, a clause of the LSA that collective agreements by the labor-management council or the Committee on Improvement of Working Time are to be considered labor-management agreements is noteworthy. The meaning of this provision in workplaces where there are no unions is especially significant. Third, the limit on overtime is provided in the LSA, but the question remains whether the limit will actually be able to play a role of reducing long-time work. Forth, shortening working hours is discussed in conjunction with workers' rights to health. Government’s efforts to secure workers' rights to health are also appearing in white color exemption systems. It is that the LSA secures rest and paid-leave of the white color worker. Finally, the readjustment of the legal system is notable. That is, administrative guidelines or enforcement rules of the LSA are stipulated in the LSA.

Dieser Aufsatz befasst sich mit den Hauptinhalten und Fragen der kürzlich überarbeiteten Arbeitszeitgesetzgebung. Diese Arbeitszeitgesetzgebung sieht eine Höchstgrenze von 52 Stunden pro Woche vor und garantiert den Arbeitnehmern Ruhe. Die Arbeitszeitgesetzgebung wurde nach langer Diskussion überarbeitet. Der Hauptzweck besteht darin, lange Arbeitszeiten zu beseitigen und tatsächliche Arbeitszeiten zu reduzieren. Die legt den Zeitpunkt der Durchsetzung schrittweise fest, um die negativen Auswirkungen der Revision auf Arbeitsplätze zu minimieren. Das überarbeitete Gesetz wurde noch nicht auf alle Arbeitsplätze angewendet. Die Leute bewerten das überarbeitete Gesetz auf verschiedene Aspekte. Während einige Leute das überarbeitete Gesetz positiv erwarten und schätzen, sind einige besorgt und kritisiert. Trotz der Tatsache, dass Änderungen an allen Arbeitsplätzen vorgenommen worden waren, reichten diejenigen, die Bedenken und Kritik geäußert hatten, Änderungen des neuen Gesetzes und relevante Gesetzeentwürfe ein. Insbesondere in der Arbeitgeberseite und bei den derzeitigen Oppositionsparteien besteht eine große Nachfrage nach Reformen. Die Regierung fördert auch die Änderung flexibler Arbeitszeiten. Die repräsentative Themen der Arbeitszeitgesetzgebung, das überarbeitet werden muss, sind die Verlängerung der flexiblen Arbeitszeit und die Lockerung der Anforderungen. Darüber hinaus erfordert es die Überarbeitung des Systems der Gleitzeit sowie die Ausweitung der für Arbeitzeiten und Ruhepause geltenden Ausnahme. Es dauert eine gewisse Zeit, bis das überarbeitete Gesetz an den Arbeitsplätzen stabil umgesetzt wird. Natürlich kann die Revision nicht abgeschlossen werden und negative Auswirkungen können im Durchsetzungsprozess angezeigt werden. Da das Arbeitszeitgesetz jedoch nach einer langen Debatte überarbeitet wurde, sollten die Ergänzungen dazu auf der Grundlage einer eingehenden Analyse der rechtlichen Auswirkungen und Folgen des überarbeiteten Gesetzes überprüft werden .In Zukunft sollten auch gesetzgeberische und politische Anstrengungen unternommen werden, damit das Arbeitszeitgesetzssystem realistisch funktioniert und vernünftige Maßstäbe in Bezug auf Starrheit und Flexibilität setzt.

As the Fourth industrial Revolution began, social polarization more and more entrenched as a social problem, and machines are expanding the scope of replacing labor. Given this social environment, limitations arise that traditional labor law logic cannot solve these problems. As an alternative, it is necessary to study the theory of labor rights as a fairness. The first thing that comes to mind when you’re faced with word is the justice as fairness of John Rawls. There are many implication for the definition of a fairness, but the meaning of the fairness is as diverse and complex as the definition is. We need to materialize and clarify the meaning of fairness in this regard, and we looked at the meaning of fairness and the principle of fairness accordingly. In other words, fairness is the embodiment of justice and the virtue. Under the premise of this fair meaning. the principle of passive fairness, the principle of positive fairness and the principle of fair negotiation were put forward. And as we have applied this principle of fairness to labor law, it is the application of vertical fairness, the application of horizontal fairness and the application of procedural fairness. Under the positive law, the Fair Representative’s Duty Regulations were newly established after multiple labor unions were recognized under the Trade Union and Labor Relations Adjustment Act. The word of fairness was first stipulated in the Trade Union and Labor Relations Adjustment Act as positive law. In addition to the Fair Representative’s Duty, the system related to fairness in the labor law is a system of unfair labor practices. meaning that the U.S. system of unfair labor practices was designed to establish fair order of labor-management relation. Specifically, it is designed to ensure competitive fairness. In sum, the labor basic right are mainly related to horizontal fairness, and the right of collective action is the logic of forming equal forces on the basis of the principle of protection for horizontal fairness.

Since 1970, in France, the people have seen the decent Vocational training system as one of the employment policy. The current training system includes Apprenticeship Contract, Personal Training Account (CPF), Individual Training Leave (CIF), Professionalization Contract, ect., so that we can say France is a country having strong various and complicate vocational training methods. In order for Korea to protect the workers’ employments in the future from the threat of the 4 th industrial Revolution like Artificial Intellects or Internet of the things, we need the government’s positive establishment of vocational skills development training policy and changing the employer’s attitude about the training. The government needs strongly to support employers and workers related to the vocational skills development training systems like France. The employers also need to cooperate for the development of the occupational training systems. When the employers meet economical crisis or the similar difficulties, a duty to implement occupational training should be imposed them for the protection of the employments of the workers. And to the workers, the legal rights of vocational training must be guaranteed like in France, for developing vocational skills that they want to have. And the employers need to open the gate of their enterprises for permitting the trainees to learn by practical exercise in the working places. In this case, the government should support employers strongly, in order to induce them to cooperate in the its efforts. The trade unions also, who have focused mostly on the enhancement of wage level need to have interests in the development of the vocational training systems. Lastly I can be confident to say that our National Competency Standards are one of the exact and right training systems. NCS should be expanded to apply not only in public sector but also in private sector.

Recently, the judgment of the Supreme Court(Supreme Court Decision 2015Da217287 delivered on Feb. 14, 2019) Sebsequent lower court decisions that present supplementary theories on the Supreme Court(Kia motors case Second level judgment: Seoul High Court Decision 2017Na28858 delivered on Feb. 22, 2019, 2017Na2058046) on the ‘Siyoung Transportation Company case’stipulated the principle of limiting the application of good faith that was not explained on the Supreme Court’s unanimous judgment on December 18, 2013 and occurred on the case that the application of good faith is completely excluded. The judgment intends to explain that it prioritized the enforcement of the Labor Standards Act over special circumstances such as “causing serious management difficulties or threatening the existence of a company” and excluded the principle of good faith. In brief, these results seriously infringe the legal stability and protection of trust underlying the law and order and inevitably destroy the entire law and order. The main reason for this confusion is that the judgment of the Supreme Court on the Siyoung Transportation Company case has misinterpreted ‘the criteria for the application of the principle of good faith in the case of violating the mandatory provisions’ that the Supreme Court’s unanimous judgment (Majority opinions)suggested on the case of additional statutory allowance or applied the contrary legal principle. Furthermore, it has the problem that the specific case has serious and unjust consequences that are not appropriate for reality. The judgment of the Supreme Court on the‘Siyoung Transportation Company case that does not follow the Supreme Court’s unanimous judgment as well as has the fundamental understanding with a financial statement provokes the further confusion in a number of ordinary wage lawsuits currently pending in courts. One shall expect that the Supreme Court shall understand correctly and legitimately the three general requirements and four special circumstances for the application of the principle of good faith in the case of violating the mandatory provisions and enhance the legal stability through establishing the explicit, definitive, and unified legal judgment standards and terminating the mass confusion that is taking place in the ordinary wage lawsuits.

The government, which was established in May 2017, proposed the escalated expansion of employment insurance for workers in special employer types as a national task. The amendment bill adopts the same method of applying employment insurance for the occupations those are covered by the Industrial Accident Compensation Insurance. As a result, the current legislation that is pending can be interpreted as very limited expansion. In reality, the number of people working at the middle level between self-employed and workers is increasing. In addition, the way of working has also become very diverse. It is one of the challenges our society faces when it comes to unemployed people who work in a very different way in their intermediate positions. This in fact is not a problem of our country alone, but it is a problem that we all are looking for solutions around the world. Italy revised the labor law in 2015, introducing a separate employment insurance system that applies to semi-dependent workers. Italy first legislated the concept of semi-dependent workers and independent workers in addition to the dependent workers to which the labor law applies. They seperate the labor contract and social insurance, and then include the independent into the social insurance. The reform of the Italian employment insurance system could also provide implications for the expansion of the coverage of employment insurance that is currently under discussion in Korea. This article examines the contents of the Italian employment insurance system focusing on the protection of independent workers. In Chapter 2, the basic contents and characteristics of the unemployment insurance system in Italy are indroduced. In Chapter 3, the concept and types of Italian independent workers are examined. Based on this, Chapter 4 examines the emloyment insurance system for independent workers in Italy, and looks at implications for Korea in the conclusion of Chapter 5.

It is necessary to build a system that can provide the necessary budget personnel consultation between the Ministry of Labor and the National Labor Relations Commission in accordance with the many functions of the National Labor Relations Commission. A special committee of judges is needed to improve the personnel system to ensure fairness of the standing members and to supplement the expertise in the handling of important judicial cases. Technical training to improve the mediation rate is important, and it is necessary to expand the interest for remedy at the time of the request for remedy of fixed-term workers. When electing members of public interest, it is necessary to make autonomous efforts by labor and management to improve the procedure for sequential exclusion of person in both the trade union and the employers' association and to expand majors of labor law. Although the administrative litigation retention rate of the unfair labor practice judgement is high, it is still necessary to establish methods to secure evidence for unfair labor practices at the initial stage. It is also necessary to utilize professionalism by enhancing the expertise of the investigator, increasing the authority to investigate, and opening actively the opinion of the investigator at the meeting for adjudication.