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Am 29. Juni 2007 verabschiedete der Ständige Ausschuss der Nationalen Volkskongresses das Arbeitsvertragsgesetz der Volksrepublik China, das am 1. Januar 2008 in Kraft getreten ist. Mit dem Arbeitsvertragsgesetz verfolgt der chinesische Gesetzgeber das Ziel, Antworten auf den dramatischen Wandel der Arbeitsbeziehungen zu finden, der einerseits aufgrund des enormen wirtschaftlichen Wachstums und andererseits aufgrund der weit reichenden Umstrukturierungen in der chinesischen Wirtschaft eingetreten ist. Trotz der Verabschiedung des neuen Gesetzes findet auch das bisherige Recht, insbes. das sog. Arbeitsgesetz vom 5. Juni 1994 weiterhin Anwendung, mit dem ein einheitliche Basis für das Arbeitsrecht in Volksrepublik China geschaffen wurde. Das Arbeitsvertragsgesetz umfasst 98 Paragrafen und wird das Arbeitsgesetz in Bezug auf den Arbeitsvertrag konkretisieren und ergänzen. Über sein Titel hinaus es auch Regelwerke, die der Arbeitgeber nach Verhandlungen mit der Arbeitnehmerseite erlässt, sowie Kollektivverträge, deren potentieller Anwendungsbereich erweitert wird. Es ist in folgende Kapitel unterteilt: Allgemeine Regeln, Vertragsschluss, Durchführung und Änderung des Arbeitsvertrages, Kündigung und Beendigung des Vertrages, Besondere Bestimmungen, welche die Abschnitte Kollektivvertrag, Leiharbeit und Teilzeitarbeitnehmer umfassen, Überwachung und Kontrolle, rechtliche Verantwortung sowie Ergänzende Reglen. Der weitreichenden Fragmentierung des chinesischen Arbeitsrecht soll durch das neue Arbeitsvertragsgesetz entgegengewirkt werden. Damit könnte sich im Arbeitsrecht eine Tendenz zum Richterrecht abzeichnen, die weniger Rechtssicherheit im Arbeitsrecht bedeutet, da Richter unterschiedlich entscheiden.

Dismissal for management reasons means dismissal of a worker by an employer for managerial reasons shall be based on urgent managerial needs. Dismissal for managerial reasons are different from general dismissal for workers responsibility or disciplinary dismissal. As the dismissal based on urgent managerial needs Which is inevitable or employer responsibility occurred on a massive scale in a dull season that menace to employment security and will have a big impact on our society. So that should be regulated more strictly than other dismissal. Labor standards act §24 regulate on necessary conditions of dismissal for managerial reasons. The contents are as follows. ① Dismissal of a worker by an employer for managerial reasons shall be based on urgent managerial needs. ② An employer shall make every effort to avoid dismissal of workers. ③ An employer shall select workers to be dismissed by establishing rational and fair criteria for dismissal. ④ With regard to the possible methods for avoiding dismissal and the criteria for dismissal, an employer shall give a notice to a trade union or to a person representing the majority of all workers and have a good faith consultation. If the necessary conditions could not be possessed, the dismissal, as have no justifiable reasons, will crease to be valid. However, if one of this necessary conditions could not be possessed. As a dismissal for managerial reasons, it is become an issue that this case dismissal could not come into effect. Although we consider an institutional purpose of dismissal for managerial reasons and this dismissal is not occurred by workers responsibility and our social supporting system for dismissal workers is frail, necessary conditions of dismissal for managerial reasons are filled reasonably.

The Change of Occupation or Workplace is the concept including not only as a disciplinary action but also as a employers' right. The Change of Occupation or Workplace as a disciplinary action needs to be limited by Article 23 of Labor standards law, and the one as a employers' right needs to be limited by Article 2 of Civil law. But the one as a employers' right is only admitted by Article 24 of Labor standards law. Especially, whether a transfer oder constitutes the abuse of a right for disadvantageing a worker's working life or life ouside the workplace is determined by evaluating the business necessity for the order and the comparative disadvantage inflicted on the workers affected by the order. Originally, the Change of Occupation or Workplace is the personnel management system related to guarantee the age limit and to assure the long-term employment system. therefore The Change of Occupation or Workplace basically, under Korea's long-term employment system, enterprises systematically in order to carry out a variety of education and training programs for their workers. But in these days of severe struggle for existence, we have to make sure the modern meaning and reconstruct the function and type of the change of occupation or workplace.

Union workers have a right to withhold their labor, that is to strike including stoppage of work, concerted slowdown or other concerted interruption of operations by employees. Hence, as a general principle, employers can't penalize employees or discriminate against them because they exercised the right to strike. Strikers who engage in certain types of unlawful conduct lose their statutory right or regal protection. Moreover employers may institute injuction(provisional disposition) as a major legal tool to combat unionism. Some authors have suggested that injunctions against strikes issued by court may protect the sanctity of labor contracts against the threat of union interference. But constitutionnal spirits force us to recognize the benefits of collective bargaining, outlaw the yellow-dog contracts, remove labor-management disputes from the threat of national court injunctions. Among other things, when such an injunction is issued, there must be rigorous limitations upon the availability of injunctions in labor disputes. The right of worker's strike is guranteed by a contitutional law, it admits the use of force in legal system. If so, the imployer's counteractions are admitted within of law system. this spirits should be understood as a appearance of not civil law but labor laws.

보험자의 제3자에 대한 구상권은 법정 대위이므로 보험자는 당연히 피해자가 가해자에게 가지는 법적 지위를 승계한다. 따라서 보험자의 구상범위는 피해자가 제3자에게 가지는 손해배상청구권의 범위 내에서 보험자가 지급한 보험급여가 된다. 그러나 보험자는 제3자가 피해자에게 부담하는 손해배상 범위를 고려하지 않고, 일률적으로 보험급여 전액을 구상하거나 당사자의 민사합의 또는 손해배상의 면제 및 포기가 있다는 이유로 아예 보험급여를 지급하지 않고 있다. 피해자가 제3자에 대하여 손해배상 책임면제 또는 포기 또는 당사자의 민사합의가 있다는 이유만으로 보험자의 보험급여의무를 면책시키는 것은 사회보험 수급권의 과도한 제한이다. 민사합의서에 보험급여를 포함한 일체의 손해배상이 포함되어 있다는 당사자의 명확한 의사표시가 없는 한, 사회보험급여를 초과하는 추가 손해에 대한 합의로 추정함으로써 피해자의 사회보험수급권을 보호할 수 있도록 해야 한다.

The insurer succeeds the status of the sufferer to the Attacker because the right to indemnity of the insurer against the bona-fide third party is came under subrogate of the law. Accordingly the scope of the insurer is limited to the insurance benefits supplied in the within of the damages that the sufferer can claim to the attacker. But as a whole the insurer ask for all the insurance benefits against the attacker regardless of the damage's limit of the attacker against the sufferer. And the insurer isn't provide the insurance benefits in that the sufferer gave up of agreed to the claim for damages between the sufferer and the attacker. Only by reason of such as agreement or abandonment about damages between the person concerned, the exemption from responsibility of the insurer is came under excessive limit on the social security's right. If it weren't clearly stated that the person the concerned have the intentions all the damages including the insurance benefits in the written agreement, it is a necessity that the social security of the sufferer must be protected by the presuming the agreement on the addition damages exceeding the insurance benefits.

Le present article s'inscrit dans le cadre des efforts déployés par l'Union européenne en vue d'élaborer une politique globale en matière d'immigration. La lutte spécifique contre l'immigration clandestine de ressortissants de pays tiers est l'un des thèmes centraux de la politique commune de l'UE en matière de migrations depuis sa création. La Commission a recherché un accord sur des règles communes en matière d'immigration économique, parce qu'il s'agit là d'une pierre angulaire de toute politique d'immigration. La Commission propose de garantir un socle commun de droits à tous les travailleurs issus de pays tiers qui résident légalement dans un État membre, mais ne peuvent encore prétendre au statut de résident de longue durée, et de mettre en place une procédure de demande unique débouchant sur la délivrance d'un permis de séjour et de travail unique. Ce permis combiné créera des synergies utiles et permettra aux Etats membres de mieux gérer et de mieux contrôler la présence de ressortissants de pays tiers sur leur territoire à des fins d'emploi. Cet article fait partie intégrante de l'approche globale et structurelIe adoptée par l'UE en matière de gestion des migrations et complète les récentes initiatives lancées dans ce domaine, telles que le programme d'action relatif à l'immigration légale, la communication sur la migration et le développemenr et la communication proposant un programme commun pour l'intégration. Le programme de La Haye confirme que la mise en œuvre des mesures déjà convenues fait partie intégrante du combat que l'UE continue de mener contre l'immigration clandestine. Pour que ces mesures puissent produire pleinement les effets escomptés, il est essentiel que des échanges d'informations informels aient lieu entre les États membres et que la Commission veille au respect de l'acquis existant par les États membres. Dans le contexte de l'approche pluridimensionnelle décrite ci-avant, la Communauté devrait encourager l'adoption d'une démarche opérationnelle commune, fondée sur la confiance mutuelle et le partage d'expertise et de connaissances en vue de renforcer la coopération et d'établir des politiques communes. Le Conseil européen a aussi demandé à l'Union de développer des politiques communes dans les domaines de l'asile et de l'immigration, tout en tenant compte de la nécessité d'exercer aux frontières extérieures un contrôle cohérent afin de stopper l'immigration clandestine et de s'opposer à ceux qui l'organisent. Les contrôles aux frontières doivent notamment relever les défis suivants: lutter efficacement contre les filières criminelles, détecter avec précision les risques terroristes et créer une confiance réciproque entre les États membres qui ont supprimé leurs contrôles aux frontières internes. Tenant compte des nouvelles dimensions du phénomène migratoire à l'échelle de la planète et veillant à une bonne intégration des immigrants légaux dans nos sociétés. Cette méthode participative devrait s'appliquer tant au niveau national qu'à l'échelle de l'UE dans le cadre de la méthode ouverte de coordination proposée pour la politique d'immigration commune.

Korea’s bus transportation has been growing as an increase in the population led to an increase in need of transportation supply: the number of operating buses and the number of lines have been increasing continuously. Today, Korea’s Bus Transportation Business is divided into seven categories (cities, farming and fishing villages, cross-county, shuttles, chartered, and etc.) and operated separately. However, Bus Transportation Business is facing difficulties due to the expansions of subways and taxis, as well as the increasing number of private vehicles. In the beginning, bus transportations were privately operated in Korea, however, due to the problems caused by small-scale businesses’ low-level service and profitability-based bus lines, it has been decided to manage bus transportation publicly in certain sectors. Yet, fundamental limits hindered the bus transportation from operating publicly. Thus, most of the bus transportation system is under private ownerships. As stated above, private ownership resulted in constant deficit operation, which caused low-service quality. Furthermore, poor working conditions led to serious conflicts between labor and management. As a countermove, semi-public bus transportation system should be introduced. But, semi-public system cannot be a total solution for every problem because from the cities that already introduced public transportation system, we know that there are possible problems that could be caused. Despite this fact, we have to admit that public ownership of bus transportation is an easier way to stabilize current chaos in bus transportation business. It is because users, or bus transportation companies, cannot afford any more investment, and workers cannot involve in management either. Whereas financial support from the third party is in need, there’s no alternative plan. In the case of Korea, financial support from the third party basically means depending on central or local government. Therefore, introducing public bus transportation system is easily discussed to improve the management of bus transportation. However, for a successful operation of semi-public ownership of bus transportation, we cannot deny the importance of securing financial funds. Then, it might be a way for local governments with a low financial standing to find a solution from other than semi-public ownership of bus transportation. The reason is that the efficiency report on semi-public ownership of bus transportation proves that even some local governments with a good financial standing such as Dae-Jun reconsider to publicize bus transportation system, due to the increase in financial support on bus transportation system. This means that it might be difficult for the increase in local governments’ financial profit to catch up with the increase in the size of financial support for bus transportation system. Considering the problems that could be caused by semi-public ownership of bus transportation system, it is necessary for local governments with a low financial standing to examine other bus transportation management systems such as new lines, non-profit lines, returning lines, and lines bidding system. We should not forget that such public-private joint systems as profit joint control system and lines bidding system are implemented and used in all over the world (this means such bus management systems could be reconsidered as an alternative plan). Lastly, the constitution and legal provisions should be adequately reviewed for the improvement of bus transportation companies’ rational management.

In Korea, the number of the elderly has rapidly increased. In 2007, the percentage of the population aged 65 years or older has reached 9.9%. In this society of the old, the problem of the long-term care of the elderly is not only a problem for the individual family but for the society as a whole. In Germany and Japan, the long-term care insurance system has emerged as an answer to the problem of the rising medical costs of the elderly. Now, the Republic of Korea is trying to resolve the problem of the long-term care of the elderly by adopting a similar long-term care insurance scheme. The resulting recommendations for an improvement plan of the long-term care insurance of the elderly include: (1) Areas of a service supplementation. Firstly, it is difficult to enlarge caretaking facilities on short notice. Even if the numbers of the facilities are sufficient, new problems of the management of these facilities arise. To resolve these problems, it is necessary to increase the extent of the homecare service. Here, in order to prevent the waste of the insurance premiums, services not covered by the regulations should be paid by the family. Moreover, a national supplement policy for the elderly is needed, that supports the self-care community of the elderly. As in the case of Sweden, allowing specialized hospitals for the elderly to provide home-visit nursing care can be a solution for the shortage of nursing hospitals. Secondly, caretaking professional teaching programs must be improved. In the case of Germany and Japan, the training periods forthe caretakers are set at two to three years for a systematic education and the national licensing exam. In Korea, there are no definite provisions in the long-term care insurance law for the enforcement of regulations about the education of the caretakers. The government should make clear regulations concerning education periods and, especially, the period of the practical education. The organization of the exercise program should be licensed to caretaking hospital as well as to general hospitals. Thirdly, the "Family Long-term Care System" must be expanded. This system is only permitted in areas of the countryside that lack professional long-term caregivers and in the case of natural disasters. It is more economical to expand the Family Long-term Care System to lessen the expenses for the caretaker facility enlargement. Fourthly, the numbers of the management work force have to be raised. The supervisory system must be regulated in a way that clearly outlines the limitsof long-term care service. This means that a qualified management work force training system is needed. Fifthly, a volunteer system must be included in the long-term care service system. To foster a climate of volunteering services, a revision of the education law is needed so that related education programs can be newly introduced. (2) The objectives of the long-term care giving services should be enlarged. Firstly, the law of the objectives of the payment must be revised. Here, as beneficiaries, the disabled should be included. The disabled should be recipients of the long-term care giving service regardless of age. The financial resources for them should comefrom welfare budgets for the disabled. Secondly, the final entitlement evaluation should be done only by doctors; if the persons concerned are dissatisfied, a secondary evaluation should be made. The contents of the evaluation should be easy to be understood by common people. Thirdly, the concept of dementia must be defined. The improvement of the dementia symptoms is difficult judge. The law has no clear definitions of dementia, which will invite legal disputes. Fourthly, the scope of recipients of the elderly long-term care insuranceexcludes patients with severe symptoms. This will lead to objections by thepatients. Objective standards about recipients and payment regulation should be revealed (3) We should recheck the medical treatment service in the long-term insurance system. Firstly, we should recheck the effectiveness of the wireless paging project. We should establish a "mutual self-help system of the elderly". Especially, volunteer networking systems should be encouraged. Secondly, we should establish a voucher system and a preventive welfare system for the elderly. Thirdly, there are no provisions terminally ill patients. Care services for them must be included. Fourthly, we should prepare for payment systems and their control. Without proper control systems, there will be moral hazards with the imbursement of family medical treatment costs. (4) We should establish an objective entitlement level evaluation and control system. The decision process should be opened to the public by internet and public notice board. Firstly, level evaluations should be given after careful consideration in two stages. The supervision of service institutes and personal should be strengthened. Secondly, we should make multiple investigations for the preparation of reports of the medical situation. With recipients who receive high amounts of financial support, the medical certificates must be submitted to the authorities. Through this certification process, costs for those patients can be saved. (5) We should prepare sound financial planning for the long-term care of the elderly. Firstly, medical expenses for the aged and nursing expenses are increased like in Sweden. We should investigate the introduction ofa publicmedical public management, which unifies the welfare and medical services. Secondly, staying in long-term care hospitals is quite expensive. A self-supporter community, like in the United States, is recommendable to residents who live in the countryside and outskirts of the cities in Korea. In an industrialized country, staying at home is more common than staying at s hospital. Thirdly, we should introduce an insurance system for parents. In Korea, most of the old generation is not prepared for their declining years. Therefore, we should introduce an insurance system for parents financed by their sons and daughters. Fourthly, subdividing the levels of medical treatment is problematic. Presently, there are three levels of medical treatment. However, the gaps between each level are too large. Therefore, the financial situation of the insurance may change for the worse because of excessive payments. By subdividing the medical treatment levels, establishing preventive medical treatment systems may reduce medical payments. Fifthly, elderlyperson who applied for the long-termcare service should pay for their meals and room costs. This may prevent excessive payments by the long-termmedical treatment insurance. Only the poor people who receive livelihood expenses by the government need not pay for their meals in hospitals. Sixthly, for the financial stability, the retiring age should be extended. For this purpose, wage peak systems and job training systems for the elderly must be introduced. Seventhly, preventive measures against diseases of the elderly should be established. If one becomes sick, he will be a burden to his family and himself and medical costs will be increased. Therefore, we should establish a system of health support for the aged and support the aged who exercise through subsidies by the government. Eighthly, the present government tries to privatize the national health insurance. However, the privatization should be considered as a supplement for problematic fields of the public insurance sector. Private insurance should be made available along with national health insurance according to one's choice. In conclusion, the introduction of the long-time medical treatment insurance for the elderly is inevitable because of our progressing to an aging society. However, the financial maintenance of this system remains the core problem. For the prevention of moral hazards in the implementation of this system, we should establish various control systems.