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노동법논총 [The Journal of Labor Law]

간행물 정보
  • 자료유형
    학술지
  • 발행기관
    한국비교노동법학회 [The Korea Society of Comparative Labor Law]
  • pISSN
    1229-4314
  • 간기
    연3회
  • 수록기간
    1998 ~ 2025
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 336 DDC 363
제12집 (10건)
No
1

정기안전보건교육 활성화를 위한 관련법제도 개선방안

고준기

한국비교노동법학회 노동법논총 제12집 2007.12 pp.7-39

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7,500원

The purposes of research were to identify the weaknesses of the regular safety and health education for employees in Korean workplace and to suggest the legal and administrative strategies to encourage the regular safety and health education in diverse work conditions. To this end, drawbacks of current practices in such program in OHS(Occupational Health and Safety) education are analyzed, and then OHS related policies in advanced countries in the area of disaster prevention, such as United States and Germany, are also scrutinized . Based on the preliminary investigations, the following propositions are made to lay out the foundation for promoting effective OHS educational programs in Korea: Improvement of government regulations, revitalizing job training initiatives, compensation and incentives programs for OHS education. The interval and hour of safety and health education in workplace should be adjusted to fit each workplace schedule and condition cooperated with the employer and the manager of the company labor union. Public and private related institutes should develop more safety and health education materials. Government agency should encourage the qualifying programs of safety and health educator.

2

산업안전보건법에서의 산업보건의의 직무와 문제점

이달휴

한국비교노동법학회 노동법논총 제12집 2007.12 pp.41-63

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6,000원

This is a paper about the role and problem of Industrial Safety & Health Act, concretely, focusing in job and right of the Doctor, responsibility etc.. The Industrial physician means the Doctor who manages and improves the employees, teaches health professional in company, treat a patient for prevent the industrial accident. Although the Industrial physician is divided into the Industrial physician who works only in the company and the commited Industrial physician according to contract form with employer, independence of job and neutrality should be secured because of character of the job. Therefore, this article claims that both A and B are necessary to limited - in spite of cancellation regulation of trust contract civilly -. In conclusion, this paper emphasize problems and solution of Safety & Health Act after explaining the liabilities for damages, discharge regulation and relation with cancellation when the Industrial physician violates job connection duty.

3

일본 노동안전위생법의 개정 배경과 내용

이병운

한국비교노동법학회 노동법논총 제12집 2007.12 pp.65-99

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7,800원

It is the 60th year that Japan has enacted labor standards act and industrial accident compensation insurance act. Also, since occupational safety and health act was enacted in Japan, thirty five years have passed. With the change of industrial structure and types of employment, individual labor law has developed in a variety of way. Accordingly, acts on industrial safety and health have undergone changes. Occupational safety and health act of Japan has developed to regulate hazardous articles and machines appearing in a developed society, to cover increasing industrial disasters such as occupational diseases, and to establish clear lines of policy on promotion of occupational safety and health and responsibility for industrial disasters in the complicated industrial relations. There have been extensive reforms to occupational circumstances such as health examination and education to set up a comprehensive heath system. Also, industrial accident compensation insurance act has been developed to correspond with the demand of the times since its enactment. It is estimated that the act resulted in the increasement of recipients, the promotion of types of benefit and standard, enlargement of the idea of insurance accident, the development of a rehabilitation industry. This is, it has a good reputation as a system to support injured workers and their family. However, this improved system can not solve all the legal problems. The problems on legal compensation of industrial safety and health and labor accident still remain as a problem to be solved. Occupational accidents have complicated relations not only with an industrial structure and labor management but with the right to labor, consciousness of the right, types of employment, life style of the family, and national finance. Furthermore, sharp increase of cancellation lawsuits of administrative measure and lawsuits for damages is leading to changing the role of related organization. Now, occupational safety and health act and industrial accident compensation insurance act should be estimated not only with the development of law as the demand of the times but with related laws and system. This study is to investigate background on revision of occupational safety and health act of Japan, preventive measures of health impairment by long-term labor, the duty of health care, the duty of a legal health examination and the effect of its violation.

4

독일의 산업안전보건제도의 개관에 관한 연구

이희성

한국비교노동법학회 노동법논총 제12집 2007.12 pp.101-129

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6,900원

Amidst the rapid progress of the present industrialized society, measures for safety and health of laborers in every industrial front have come to the foreground of concerns for all. The issues of industrial safety and health shall be taken care actively and cooperatively not only by the government but also by both labor and management as well as in a bid to protect the life and health of laborers and to sharpen competitiveness of enterprises. In Germany, for instance, industrial safety and health is stipulated to be one of the requirements that should be met forcibly and obligatorily by the concerning law within the framework of the system for industrial safety and health. First of all, the German system is characterized by giving clear assignments to the propulsive bodies of industrial safety and health and ensuring mutual cooperation in the business circles practically and legally. Foundation has been laid to bear effects of industrial safety and health to the maximum by guaranteeing close cooperation among the supervising agencies for labor and public organizations and cooperations, between public agencies and employers, public agencies and employees' councils, employers and employees' councils, and among public agencies, employers and employees' councils. Since the individual business location is the unit where all sorts of regulations, particularly those governing industrial safety and health, are practically applied, active cooperation and participation of labor and management can be said to be essential to successfully achieving the objective of industrial safety and health. It is hard to define every detail of the things concerned with industrial safety and health in the legal provisions in the complicated, versatile, economic and industrialized society like today. It is clear, though, that the objective of industrial safety and health can't be realized just by stressing the fact that employers are solely responsible to satisfy the legal conditions for industrial safety and health. It is therefore requested to guarantee in systematic terms that measures for industrial safety and health can be flexibly and creatively concretized through participation and cooperation of labor and management on the basis of the principles that are derived from the laws worked out by the state or government. It is only then possible to heighten the effects of measures to prevent industrial accidents and occupational diseases as well as to protect physical and mental health of laborers who usually are placed in poor status socially and economically.

5

비정규직근로자의 보호를 위한 쟁점과제와 개선방안

이상국

한국비교노동법학회 노동법논총 제12집 2007.12 pp.131-164

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7,600원

The discrimination for irregular workers was issued recently. So the government and various social circles had diverse discussion to solve this problem. However, when they try to find out various solution without changing irregular jobs into regular jobs, they have to consider about rationality of those solutions. In order to achieve this purpose, we need to compare every kinds of improving cases which are promoting in all types of business. The purpose of this study is to analyze the problems of irregular workers' range, wage gap between irregular workers and regular workers, discriminations of welfare, legality of separating operations by occupation, and indiscreet contract & charge and to suggest some solutions to those problem. At the same time, in order to protect spreading irregular workers ,to promote changing irregular jobs into regular jobs, and to support business proprietors, this study will survey a legislation bill such as a revised unemployment insurance bill.

6

중국에 있어서 산업안전보건에 관한 근로자 보호규정

조흠학

한국비교노동법학회 노동법논총 제12집 2007.12 pp.165-209

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9,300원

Recently it is the manufacturing enterprise of our country is investing China. And It is becomes which will increase steadily China investment. Also the China investment increases steadily and will be occuring problem of labor relationship and problem of occupational safty and health of enterprise. This is will causes effect decrease of abroad investment enterprise profit and decrease of our nation profit. Therefore it is necessary the study of the China labor relationship and the China of occupational safety and health act. I will be able to think that this research will be able to attain the two objective. First. The research of China occupational safety and health act will be able to necessary for our enterprise of abroad investment profit and our nation profit from to disputes solution of multi type of asian investment countries. Second. When we research legal or China of occupational safety and health culture, the comparative study of China occupational safety and health act will be able to provide legal base data of occupational safety and health, it will be able to apply most efficiently.

7

勞動紛爭의 對象과 紛爭解決制度에 관한 考察

박종철

한국비교노동법학회 노동법논총 제12집 2007.12 pp.211-240

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7,000원

(1) Labor conflict is a conflict which usually happen in the company. However, when we leave this conflict, we will have a bad influence upon national economy. Therefore, we have to divide into types such as a right dispute and a profit dispute, an individual dispute and a group dispute and so on in order to settle labor conflict efficiently. The subjects have variety characters such as normative character, financial obligational character, and so on. (2) Unlike general conflicts, labor conflict's characteristics are very dynamic and variable. So, it is difficult to put the stable construction of law on the center of fixing subjects. Because of these characters, a court of justice often can't settle labor conflict. Although, we need administrative settle such as a labor relations commission or legal settle by a court of justice. Hence, Considering labor conflict's characteristics, we need to try to find a efficient solution system to conflict and study suitable solution system.

8

고령자 고용촉진을 위한 법제와 법적 과제

정행석

한국비교노동법학회 노동법논총 제12집 2007.12 pp.241-272

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7,300원

Korea is moving fast towards one of the highest aging societies in the world. This phenomena has been one of the critical global issues, and developed countries have already been implementing employment policies for it. In the meanwhile, the policies has been treated insignificant in Korea. Employment Promotion for the aged Act seems nominal in Korea, as though impulsive legislation force which can make older people participate more in economic activities, in order to realize 'happy society for aged people.' Many of Korean workers retire in the mid 50's. According to the survey of Ministry of Labor in 2005, the average retirement age of Korean workers is 56.8. And the Korea National Statistics Office shows that the average retire age of workers in the major industry is 54, and these figures are 5 to 7 years shorter than the one of EU and OECD. The main cause is the not-strong law force in Korea. Korean government needs to promote and protect employment of aged people, and strong drive to the related legislation and policy is indispensible. Therefore, Employment Promotion for the aged Act needs to be amended quickly. This law should have the legal force which the current law do not have. Next, National Labor Relations Commission(NLRC) should be in charge of the remedy process against discrimination, not the National Human Rights Commission(NHRC). This makes more sense because NLRC has the specialty in terms of labor relations. NHRC has been responsible for this matter for there has been no provisions about remedy process due to the age discrimination since. Lastly, training for enhancing professional competence and job placement need to be reinforced. Looking at the actual condition and circumstance of the aged people, they become unemployed because they fail to find appropriate jobs even if they mentally and physically fine. This is something Korean government needs to cope with. This study, therefore, examines the related legislations and compares it with the one of other countries, and presents possible solutions.

9

복수노동조합 하의 교섭창구단일화 관련 법적쟁점

조규식

한국비교노동법학회 노동법논총 제12집 2007.12 pp.273-301

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6,900원

Trade Unions rights are provided by the Constitution, especially section 33, on which employment relations law and labor relations are based respectively. But it is important that trade unions rights may have another character compared to common civil rights. It is the character of the legal institution guaranteed by the Constitution. Trade unions rights could be on not only liberty and social rights but also collective and voluntary system for settlement of interests as kind of collective autonomy under Constitution. Trade Union and Labor Relations Adjustment Act(TULRAA) Article 5 provides that workers are free to establish a trade unions or join it. however, its Addenda Article 5 paragraph 1 provides in cases where trade union exists in a business or workplace, a new trade union which has the same organizational jurisdiction as existing trade unions shall not be formed by December 31st, 2009, despite the provisions of (TULRAA) Article 5. The Plural Bargaining will cause two or three times more burdens to labor management because unit unions in a company will be engaging in competitive bargaining, resulting inefficient or delayed processes. however, the collective bargaining is the system in which workers representatives engage in a decision making regarding working conditions with employers. Accordingly, minority unions are considered to have participated in the collective bargaining even though they could not exercise their rights to bargain as long as they voted to select representatives for the bargaining. also, I think that the Constitution Court and TULRAA will not protect plural trade unions and will encroach the rights of minority trade unions. As a result, I think that the problems between a single collective bargaining and a collective bargaining rights shall be resolved by the way the constitution and a collective bargaining rights will not be controlled and restrained.

10

한국비교노동법학회 회칙

한국비교노동법학회 노동법논총 제12집 2007.12 pp.303-319

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5,100원

 
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