• Title/Summary/Keyword: strong law

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Restricted Use of Contingent Workers and the Factors of Shift from Contingent to Standard Workers in Brazil (브라질 비정규노동의 제한적 활용과 정규직화 요인)

  • Jeong, Heung-Jun
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.213-260
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    • 2013
  • This study pays attention to the restricted use and the possibility of standard position of contingent workers in Brazil. The labor market of Brazil has been developed by formal and informal labor sector, and informal sector includes various precarious workers as well as contingent workers. According to Brazilian Statistics Department, not contingent workers but informal labor focused in this paper have been slowly decreased since year 2000. In this context, this study investigated on the reasons of decreasing contingent employment in Brazil. The results demonstrate that decreased informal employment and instead increased standard workers could not be interpreted by recent the Braizil's economic boom. Along with literature review, the author conducted the case study regarding employment of contingent workers at six large foreign companies in Sao Paulo. The results of this show that the use of contingent employment was prohibited in regular daily works by the labor law and thus firms employed contingent workers in only temporary positions. Further, firms often promise standard positions for contingent workers when temporary employment contract was terminated since there is little or no exist of the differences of wage between standard and contingent worker in terms of 'same work same wage' and 'minimum wage'. In here, labor unions play a key role in employment change from contingent position to standard job. Consequently, decreasing of contingent workers and stepping stone to regular jobs seems to be triggered by both legal regulation on contingent employment and strong unions. This institutional perspective may extend the theoretical view on the use of contingent workers, and the author discuss that Brazil's case could provide practical implications to Korean labor policy.

The Current Status of the Companion Animal products and Pet Cosmetics industry (반려동물 용품 및 화장품 산업 현황)

  • Lee, Jung Min;Jang, Min Ah
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.4
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    • pp.833-844
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    • 2021
  • In the era of Corona, companion animals provide a lot of comfort to people, and the Pet Pam group, who thinks of companion animals as family members, has appeared. There is also the Pet Pour phenomenon, in which young consumers spend less on their pets and spend on their companion animals. Despite these changes in the times, pet products, including pet food, are still highly dependent on imports. In addition, since domestic standards for cosmetics and supplies for companion animals have not been established, they rely only on cosmetic safety standards and regulations. In addition, the terminology for domestic pet cosmetics has not been established yet. Currently, only the Animal Protection Act related to companion animals has been amended in the domestic law, but in the case of Japan, the Companion Animal Feed Safety Act came into effect in June 2009. In the United States, the federal Food, Drug, and Cosmetic Control Act covers pet cosmetics and supplies. Germany, which has strong animal protection laws, has various national regulations on food and feed, and detailed national regulations are also provided on the website of the Food Safety Administration. National policies and environments should be established to manage and develop the companion animal industry in Korea as in such a country, and it is considered essential for the development of companion animal cosmetics and various companion animal industries.

The Research about Literature Museum Network Organization and Operation plan for Establishment of Literature Promotion Infrastructure (문학 진흥 인프라 구축을 위한 문학관 네트워크 조직 및 운영 방안 연구)

  • Che, Keunbyung
    • 지역과문화
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    • v.7 no.2
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    • pp.57-84
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    • 2020
  • The Literature Museum Network aims to realize the legislative purpose of the Literature Promotion Act and achieve balanced development of local literature centers across the country. In the Literature Museum Network, the literature museum network support center will be established by region to take charge of cooperation projects between local literature centers, which will be the culmination of the National Literature Museum of Korea. It is intended to test-run various projects planned by the Munhakwan Network Support Center to create derivative contents, or to establish a regional hub literature center in charge of education and other affairs of the literature museum's workforce. If the existing metropolitan administrative districts are used to form zones, the entire country can be organized into four zones. They include the Seoul-Gyeonggi Literature Museum Network (23 local literature centers), the Gangwon Chungcheong Literature Museum Network (32 local literature centers), the Yeongnam Literature Museum Network (30 local literature centers), and the Honam Jeju Literature Museum Network (22 local literature centers). One literature museum network support center will be established for each region and one local literature center will be selected as the hub literature center. The Literature Hall Network Support Center is in charge of collecting and managing literary materials, developing contents and programs, promoting and foreign cooperation, etc. The hub literature museum will be in charge of pilot operation of content and programs, training and education of experts in the literature museum, and running joint storage facilities. This structural system and efficient operation of the literature museum network will ultimately provide an opportunity for the formation of cultural governance in which the power and public nature of the establishment of literary promotion infrastructure are secured.

The Main Methodological Positions of Educational Institutions in the System of Educational Work of the Modern Information Space

  • Shumiatska, Oleksandra;Palamar, Nataliia;Bilyk, Ruslana;Yakymenko, Svitlana;Yakovenko, Serhii;Tsybulko, Liudmyla;Bida, Olena
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.272-278
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    • 2022
  • The article proves the idea that the protection and development of Ukraine as an independent, sovereign state requires the education of a patriot citizen who is able to live and work in a democracy, ensure the unity of Ukraine, feel constant responsibility for himself, his people, the country, and strive to make a real contribution to reform processes, especially in unstable, wartime. The main goal of educational institutions in the system of educational work of the modern information space is revealed. The tasks of patriotic education of the individual are presented. The content of patriotic education at the wartime stage and the main characteristics of the content of patriotism are substantiated. The main methodological positions that are taken into account in the construction of the structure and dynamics of the formation of civil responsibility of the individual are highlighted. The structure of civic responsibility as an integral system of the modern information space is drawn, which includes three subsystems that characterize the natural, social and systemic qualities of citizenship, interconnected hierarchically and synergistically. The components of the structural part of the model of civil culture of the individual in the modern information space are analyzed.Modern modernization of the education system in the modern information space, which has led to the emergence of a new type of Educational Institutions, requires the search for new pedagogical technologies that can ensure the formation of a patriotic citizen with an active civic position, which involves not only mastering students' knowledge about the rights and obligations of citizens, convincing them of the expediency of democratic transformations of society, the formation of high moral and strong-willed, patriotic qualities and feelings, but also identifying motivated civic actions, actions that are necessary during martial law in Ukraine.

Legitimacy of the wartime maritime blockade of the Korean Peninsula : Focusing on the response to ships in neutral countries (전시 한반도 근해 해상봉쇄의 합법성: 중립국 선박에 대한 대응을 중심으로)

  • Park, Hyun-rok
    • Maritime Security
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    • v.5 no.1
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    • pp.85-112
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    • 2022
  • The maritime blockade has long been used as a means of war in that it serves as a bridge for economic warfare by paralyzing enemy maritime transport, although it is not a decisive battle, and in the Korean War, U.N. forces have achieved significant results in the war with limited maritime blockade through the Clark Line. However, with China emerging as a maritime powers based on its strong naval power, there is a lack of consideration on how to set up a blockade to block maritime activities and how to respond neutral ships or carrying wartime contraband products if war breaks out again on the Korean Peninsula, In addition, since maritime blockade should be used as a sensitive and flexible naval force projection in that it has interests with neutral countries, it should be carefully reviewed in that it can be used only through careful and reasonable judgment considering the principle of ensuring the legality of maritime blockade Therefore, in this study, Reexamine the process of change in the application of the International Law of Blockade, and through this, Derive the basic principle of ensuring the legitimacy of maritime blockade. In addition, by reviewing the application of these basic principles in the waters off the Korean Peninsula at wartime, we presented answers to research questions by reviewing what needs to be done to neutral ships and ships carrying wartime contraband products, and considered the implications for us

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A Comparative Study on the Burden of proof between Korea and the USA under the Product Liability (제조물책임법상 입증책임에 관한 한·미 간 비교연구)

  • Ha, Choong-Lyong;Kim, Eun-Bin
    • Korea Trade Review
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    • v.43 no.3
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    • pp.101-124
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    • 2018
  • After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

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A Study on the Experience of Social Support in the Education and Care of Children of Married Migrant Women (결혼이주여성의 자녀 교육과 돌봄에서 사회적 지지 경험연구)

  • Young-mi Jung;Bu-Hyun Nam
    • Industry Promotion Research
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    • v.8 no.4
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    • pp.147-162
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    • 2023
  • This study explored the experience of social support in the education and rearing of children of immigrant women through international marriage and found its essential meaning. First of all, the husband's social support was very important, but the relationship with the husband had a different effect on childrearing and education. Parents-in-law had a positive and negative impact on child rearing and education of them due to cultural conflicts between the two countries. Their own mother was a strong support that gave them great strength just by being there, and as their children grew up, they regarded their mother as the source of bilingual education for their children. Other supporters around them were Korean friends who connected Korean society by sharing information on child care and education. Friends who spoke and communicated in their native language were emotional and psychological supporters that bonded the same experience of parenting and education for their children. In conclusion, the research participants expected a better life for themselves and their children by using a multi-layered social support system as well as a transnational family network in the process of child education and care. Accordingly, it was proposed to systematically improve the laws, systems, and policy support so that the social support system can be further strengthened at the family, community, and transnational levels for the education and care of children of immigrant women through international marriage.

The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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Converting Ieodo Ocean Research Station Wind Speed Observations to Reference Height Data for Real-Time Operational Use (이어도 해양과학기지 풍속 자료의 실시간 운용을 위한 기준 고도 변환 과정)

  • BYUN, DO-SEONG;KIM, HYOWON;LEE, JOOYOUNG;LEE, EUNIL;PARK, KYUNG-AE;WOO, HYE-JIN
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.23 no.4
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    • pp.153-178
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    • 2018
  • Most operational uses of wind speed data require measurements at, or estimates generated for, the reference height of 10 m above mean sea level (AMSL). On the Ieodo Ocean Research Station (IORS), wind speed is measured by instruments installed on the lighthouse tower of the roof deck at 42.3 m AMSL. This preliminary study indicates how these data can best be converted into synthetic 10 m wind speed data for operational uses via the Korea Hydrographic and Oceanographic Agency (KHOA) website. We tested three well-known conventional empirical neutral wind profile formulas (a power law (PL); a drag coefficient based logarithmic law (DCLL); and a roughness height based logarithmic law (RHLL)), and compared their results to those generated using a well-known, highly tested and validated logarithmic model (LMS) with a stability function (${\psi}_{\nu}$), to assess the potential use of each method for accurately synthesizing reference level wind speeds. From these experiments, we conclude that the reliable LMS technique and the RHLL technique are both useful for generating reference wind speed data from IORS observations, since these methods produced very similar results: comparisons between the RHLL and the LMS results showed relatively small bias values ($-0.001m\;s^{-1}$) and Root Mean Square Deviations (RMSD, $0.122m\;s^{-1}$). We also compared the synthetic wind speed data generated using each of the four neutral wind profile formulas under examination with Advanced SCATterometer (ASCAT) data. Comparisons revealed that the 'LMS without ${\psi}_{\nu}^{\prime}$ produced the best results, with only $0.191m\;s^{-1}$ of bias and $1.111m\;s^{-1}$ of RMSD. As well as comparing these four different approaches, we also explored potential refinements that could be applied within or through each approach. Firstly, we tested the effect of tidal variations in sea level height on wind speed calculations, through comparison of results generated with and without the adjustment of sea level heights for tidal effects. Tidal adjustment of the sea levels used in reference wind speed calculations resulted in remarkably small bias (<$0.0001m\;s^{-1}$) and RMSD (<$0.012m\;s^{-1}$) values when compared to calculations performed without adjustment, indicating that this tidal effect can be ignored for the purposes of IORS reference wind speed estimates. We also estimated surface roughness heights ($z_0$) based on RHLL and LMS calculations in order to explore the best parameterization of this factor, with results leading to our recommendation of a new $z_0$ parameterization derived from observed wind speed data. Lastly, we suggest the necessity of including a suitable, experimentally derived, surface drag coefficient and $z_0$ formulas within conventional wind profile formulas for situations characterized by strong wind (${\geq}33m\;s^{-1}$) conditions, since without this inclusion the wind adjustment approaches used in this study are only optimal for wind speeds ${\leq}25m\;s^{-1}$.

Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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