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RISS 인기검색어
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- 저자 : 김승휘(Kim Seung Hwi) (검색결과 4 건)
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김승휘(Seung-hwi Kim) 강원대학교 비교법학연구소 2012 江原法學 Vol.35 No.-
The Article 23 of LABOR STANDARDS ACT restrict the dismissal without justifiable reasons, which is supported by precedents. But the existing precedents cannot cover the cases of the low performer and the person with lack of ability. To decide whether dismissal of these people is fair or unfair, the Right of Rescission on CIVIL ACT and The Article 23 of LABOR STANDARDS ACT should be considered together. When determining the fairness of dismissal of low performers, it is necessary to take phased approach. First phase is to find the reasons of dismissal, which is applied under general principles of CIVIL ACT. Therefore the employer"s Right of Rescission is not limited. However this right can be limited to protect employees according to LABOR STANDARDS ACT, but this is a matter of solicitude from Principle of good faith.
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김승휘(Kim, Seung hwi) 노동법이론실무학회 2010 노동법포럼 Vol.- No.4
Minimum Services to Be Maintained Scheme is introduced to alternative the arbitration on essential public services by the authority of the Labor Relations Commission. As the scheme the union cannot act of stopping, discontinuing or obstructing the maintenance and operation of the minimum services to be maintained shall be carried out as legitimate industrial action and the parties in labor relations shall conclude an agreement in writing that stipulates the levels of minimum services to be maintained and provided, the specific work designated as minimum services, the necessary number of workers, etc. in order to ensure the maintenance and operation of the minimum services during a period of industrial action. The scheme has been enforced from 2007 and many problems occur with enforcing the scheme, but there are not enough studies about the problems. This study includes various topics about the scheme:the conceptions of Minimum Services to Be Maintained related ILO's Essential services and Minimum service, the things should be considered to set bounds of Minimum Services to Be Maintained, the character of Agreement of Minimum Services to be Maintained and effect resulting from it's characteristic and something other problems related to the scheme. The conceptions of Minimum Services to Be maintained distinguishes from ILO's Essential services and Minimum service. Considering the range of Minimum Services to be Maintained, following legal issues are raising up. The regime is designed to approve industrial actions in public services area contradicting to the arbitration by the Labor Relations Commission. Moreover, an alternative measure prohibiting industrial actions is not existed and several chance to violate the fundamental rights by the Constitution Article 37 section 2 is not excluded. Agreement on Minimum Services to be Maintained has a different intrinsic attribute with collective agreement, albeit the general formation (parties and methods of contract) is identical with that of the collective agreement. According to Trade Union and Labor Relations Adjustment Act Article 42-3, only labor union can be a party of Agreement on Minimum Services to be Maintained. However, considering the uniqueness that conclusion of the Agreement take place individually, branches not having the independent authority to make collective agreement but grasping the labor circumstance also can be the party of the Agreement. Trade Union and Labor Relations Adjustment Act prescribes the effect of industrial action taken in accordance with the Decisions of Labor Relations Commissions. However, it does not regulate the effect of industrial action taken regarding the Agreement on Minimum Services to be Maintained. Considering the relations between Agreements and Decisions, it is reasonable to presume the justification.
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김원규(Won-Kyu Kim),김승휘(Seung-Hwi Kim),이재혁(Jae-Hyuk Lee),황태철(Tae-Chul Hwang),추영열(Young-yeol Choo) 한국멀티미디어학회 2006 한국멀티미디어학회 학술발표논문집 Vol.2006 No.2
본 논문에서는 현재 서버로 보편화 되어있는 Linux 서버를 대상으로 호스트 IPS를 설계하였다. Pcap library를 이용하여 패킷을 검출, 룰에 적용시켜 공격으로 판단되어진 패킷에 대한 정보를 바탕으로 Iptables를 이용하여 차단하였다. 기존의 프로그램이 시스템에 너무 많은 자원을 사용한다는 문제점을 보완하여 필요한 정보만을 자료구조로 만들었다. 관리자가 쉽게 시스템 상황과 공격자 정보를 모니터링 할 수 있으며 플랫폼에 독립적으로 운영 될 수 있도록 JAVA룰 이용하였고 MySQL Database을 사용함으로써 효율적인 정보 관리를 가능케 하였다.
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