한국노동정책의 특질에 관한 연구

신두범 ( Doo - Bum Shin ) 한국행정학회 1970 韓國行政學報 Vol.4 No.-

차량 주행시 진동에너지 하베스팅을 위한 현가장치 선형 발전기 시스템의 설계

최지현(Choi, Ji-Hyun),신두범(Shin, Doo-Beom),김진호(Kim, Jin-Ho) 한국산학기술학회 2014 한국산학기술학회논문지 Vol.15 No.6

본 연구에서는 자동차가 노면을 주행 시 발생되는 진동에너지를 수집하여 차량의 배터리를 자가 충전할 수 있는 현가장치에 적용 가능한 공진형 선형 발전시스템을 설계하였다. 논문에서 제안된 선형 발전기는 기존의 발전기들과는 달리, 비교적 작은 에너지 원천인 노면의 진동에 더욱 효과적으로 대응하기 위해 공진 현상을 최대한 활용하는 설계를 지향했으며, 한정된 공간인 차량 현가장치에서의 선형 발전기의 발전 효과 검증 및 향후 연구 진행의 가능성을 판단하기 위해 수치해석적 방법을 활용하여 시스템의 동적 해석을 위한 기본 입력 속도를 도출하고 시스템의 목표인 발전 기능에 대한 예측을 위해 전자기 유한요소해석을 수행하였다. 본 연구에서 정상적인 발전 기능의 가능성을 확인한 공진형 선형 발전 시스템이 최근 자동차 산업의 큰 주축을 이루고 있는 하이브리드형 자동차 및 전기 자동차에 적용된다면, 각종 전장장치 및 배터리의 구동 및 성능유지에 도움을 줄 수 있을 것이다. The purpose of this research was to develop a resonance electric power generator to harvest vibration energy while the vehicle is driving on a road surface. The electric power generator in the paper was designed using the resonance phenomenon to effectively respond to vibrations from the road surface, which is a comparatively small energy source. Vibration displacement analysis using MATLAB and transient analysis using Ansys MAXWELL, which is a commercial electromagnetic analysis program, was performed to predict the input velocity for the generator and verify the electric power generation. If this electric power generator is applicable to hybrid or electric vehicles, it can be valuable around an automotive electric system and help maintain the performance of the vehicle battery.

豫算制度의 理論과 實際

愼斗範 명지대학교 1968 明大論文集 Vol.2 No.-

1. Government budgeting of today in developed and underdeveloped countries functions as a blue print of national plans and policies through the coordination of political and socio-economic relations. As the legislative state(night police state) in 18c has been changed into the Executive State(welfare state) in 20c, coverage of the Executive affairs has been expanded, and the implication of budget has also been altered, as Harold Smith once noted, from “the budget as an instrument of legislative control” to “the budget as an instrument of Executive Management”. 2. Under the traditional budgetary system, budget was appreciated on the basis of the legitimacy of its expenditure, and the problem of efficiency was relatively neglected in its analysis. And this is far from the idea of modern administration whose main purpose is to realize the principle of efficiency and economy. The necessity of performance budget system has been emphasized in modern countries, for in this system, budget expenditure is dealt in the light of the administrative effect, and forming, revising, implementing, and auditing of budget are accomplished by the relation of project quantities. In auditing procedure, for example, this requires economy and efficiency of expenditure today, while legitimacy of expenditure was only required in the past. 3. Performance budget system involves in some merits as follows. (1) It can rationalize the distribution of funds in the formation of budget. (2) Legislative budget and Executive policymaking can be easily exercised. (3) In Executive management procedure, it helps administrative control to be amicable, and makes possible to delegate authority and responsibility. (4) This system is adequate to the long-term development plans. However, performance budget system also has defects as follows. (1) Strict legislative control for the Executive is apt to be neglected. (2) Centralized control for the expenditures related to the each administrative unit may be weakened. Novertheless, it can not be overlooked that this system has contributed to strengthen responsibilities of officials in charge concerning management and accounting procedures. 4. As to the capital budget system, it classifies government budget into current transactions and capital transaction. Therefore, consuming parts and capital-forming parts of government activities are clearly divided in this system. In addition to this, capital budget offers an important means for the development of the resources, because it is closely connected with long-term plans. Nation’s economic budget system is designed to unify the budget and national economy within social reckoning, so that it may facilitate national economic development and its stabilization.

우리나라 勞動政策에 관한 考察

愼斗範 명지대학교 1973 明大論文集 Vol.6 No.-

Ⅰ. Policy on Labor Management Cooperation: The problems arising out of labor managent relations are to be solved by the labor policy aimed at putting labor and management on an equal footing. In our country capital is beginning to recognize labor as an independent force with the development of unionism. In these circumstances the direction of the relevant government policy manifests itself in the process of setting labor disputes. An attempt is therefore made in this study to describe the way in which government plays its role in the settlement of unfair labor practices and labor disputes. (1) Settlement of Unfair Labor Practices: In the early period of modern capitalistic society labor management relations struggled through obstructions by capital to assume its own place. The unfair labor practices began to demand remedies provided by a governmental policy, which embodies itself in the regime of unfair labor practices not only by management but also by labor as well. The same holds true of the first labor union law in Korea, enacted in Korea, enacted in 1953. It was in the revised labor union law that unfair labor practices only by management was recognized as seen in the Wagner Act. As the purpose, sought in the regulation of unfair practices, is to promote the collective activities of labor and management on an equal footing, a valuation is to be placed upon the protection of unionism. (2) Settlement of Labor Disputes: Labor disputes serve as a means resorted to by labor in the eventuality of labor management relations. There is no provision as to right to labor dispute in the Constitution of the United States and of Great Britain. On the other hand, in such countries with the tradition of what be termed continental law as Japanand Korea, it is explicitely provided for in their respective constitutions. It was by the enactment of new labor law in that arbitration of labor disputes came to be undertaken chiefly by labor committees. As a result of Labor Disputes Adjustment Law, labor unions have been allowed to play a far more active role in protecting their interests. However, the authority granted to labor committees in the current legal framework is too limited to settle labor disputes. Among the problems posed in their operation is scarcity of their funds, which leads to the limitation upon their activities. There follows an inevitable intervention by administrative agencies in labor affairs. Ⅱ. Policy on Wages: (1) Policy on Minimum Wages: It is the government that sets the lowest level of wages to be enforced. Its origin may be found in the minimum wage system adopted by New Zealand and Australia. In the 19th century government stood aloof over the matters involved in wage. Wage was then generally believed to be determined by free contracts between labor and management. This prevailing mood underwent a great change during and after the world warⅠ. In many countries, governments have adopted the minimum wage esystem and enacted the law to fix the minimum wage for lower-wage-laborers. In Korea, however, in spite that Article of Labor Standards Law stipulates that the Ministry of Health and Social Affairs may, if necessary, fix the minmum wage for engaged in a worker occupation, this article is far from being satisfactory in its operation. But as wage structure remains to be based on the seniority system, a minimum wage is to be fixed by subsistence wages and the firm’s ability to afford to pay them. And also it is expected this system will be gradually adopted in a certain industry or firm, for the current wage differentiation makes the adoption of a uniform minimum wage difficult. (2) Wage-guideposts: Guidepost policy has as its aim the adjustment of a wage level to the level of productivity, thus making prices stabilized. It has widely been discussed since 1968 in Korea whether it is advisable to adopt this system. There is no agreement yet as to whether it is to be regarded either as a policy on income or as a wage measures. It may safely be said to be a policy on income, for the determination of wages in accordance with the labor productivity is to make up for the deficiency of wages based on working hour by means of the adoption of a wage system based on merit. No one would venture to dispute the merit inherent in the system. It should, however, be noted in this context that it is to be preceded by an innovation into business of reasonable management, and mutural cooperation between labor and management. Its success depends on size-up of labor productivity. As matters stand now, it must go long way to be getting into effect. Ⅲ. Policy on Labor Security: This part deals with employment security, vocational training, and workmen’s compensation insurance. (1) Employment Security: The problem on employment security has since the turn of 20th century been how to afford each worker an opportunity for employment in a trade or a profession. In Korea, under the Employment Security Law amended in 1967 and the Employment. Agency Organization Regulation promulgated in 1968, national employment agencies, and public and private employment agencies have been established. In gradual enlargement of the net-work of the agencies, the problem is that the test of their location should be the number of industrial facilities in the area, and distribution of occupation. (2) Vocational Training: Historically viewed, vocational training has been closely interwined with the educational system. Fortunately there is growing recognition among Koreans, though not sufficient, of the importance particularly of vocational training. However, statistics indicate that the number of vocational high school graduates is only one-ninth as large as the number of graduates from high schools offering no vocational courses. Consequently, apart from the problem of unemployment, there is a serious shortage of skillful workers, technicians, and qualified supervisors. Pursuant to Vocational Training Law promulgated in 1967, the Director-General of the Office of Labor Affairs shall draw up a basic programme concerning the implementation of vocational training. (3) Workmen’s Compensation Insurance: It was the Labor Standards Law enacted in 1953 that provided for industrial accidents compensation for the first time in Korea. The compensation had previously been done by the means of a mutual aid project or of aid by management. Industrial Accident Compensation Insurance Law was promulgated in 1963, which was characterized as a social security act. In the aspect of operating this system, there has been a gradual but remarkable development in the scope of benefits and sum of benefits for the la st six years. And yet, the authorities concerned should undertake more positive measures aimed at improving the working conditions and environments. Since the foundation of the Third Republic regime, there has been valuation by the government on the goal of economic development, which has manifested itself in the field of labor affairs. The attitude on the part of government towards labor affairs has undergone a profound change. Labor has come to be regarded as a resource for the economic development, not merely as a means of attaining various political aims. We may find its manifestation especially in the handing of wage problems and labor securities. Labor as well as management has grown out of its involvement in politics, and is now claiming its own rights and interests. Labor union, employer’s association, and the relevant government machinery should adapt themselves to the present situation.

韓國에 있어서의 勞使協調 및 政策의 方向

愼斗範 명지대학교 1975 明大論文集 Vol.8 No.-

Ⅰ. Characteristics of Labor-Management Relations in Korea It should be pointed out that there has been a tendency among the Koreans to regard labor-management relations as those of master-servant. The tendency to despise labor, the surplus of labor forces, and low wages and productivity have characterized the development of enterprise in Korean. Business does not exist to promote the common interests of owners, management, labor, and consumers; but it seems to exist simply to maximize profit. They tend to use their enterprises as a means of accumulating a fortune and do not pay much attention to the idea that business is responsible to the society as a whole for its action. In retrospect, it should be mentioned that labor legislation in Korea was first enacted in 1953 and was substantially amended in 1963 and 1973. Let us then, summarize the characteristics of labor-management relations as shown in the recent labor law: First, collective activities of labor are to be greatly curtailed. Second, the system is of collective bargaining is to become gradually materialized. Third, the system is being changed from a self-controlled type ot a government-controlled one. These changes were primarily a response to the national demand for an all-out effort for national security, especially after "the Special Law concerning National Safety and Guard" came into effect in 1971. Ⅱ. Labor-Management Cooperation and Policy Directions Let us now explore the possible areas of labor-management cooperation and their policy directions from the standpoint of management, labor, and government. From the standpoint of management: 1. They should create conditions in which business gives its priority to the promotion of its social responsibility and national interest. 2. They should do away with their inclination to regard labor as being subordinate to them, and should promote the circumstances under which labor can present creative ideas and cooperate voluntarily with management. 3. They should try to discard their antagonistic, negative attitude toward labor unions. 4. Management should abandon self-righteous attitude, cease to pursue the maximization of profit, and correct the inferior structure of distribution. 5. They should neither freeze wages nor lay off workers in an attempt to rationalize enterprise, but they should rather reduce the amount of unproductive expenditures. 6. They should improve working conditions and expand social welfare system within an enterprise so that workers may increase their efficiency and be assured of their living. From the standpoint of labor: 1. They should place the greatest emphasis on national interest and make reasonable, proper demands to the management to which they belong. 2. They should establish a close relationship among members and leaders of labor unions through democratic operation. This means that union leaders should always seek the opinions of union members and act according to their wishes. 3. They should cease to act in order solely to gain popularity, and refrain from taking action considered extremely antagonistic toward management. From the standpoint of government: 1. It should set a criterion of coordination by establishing and carrying out a reasonable wage policy. 2. It should review and adjust unfair labor laws and guarantee autonomous labor movement. Additionally, it should provide every worker with legal protection by setting up a labor court. 3. It should establish a central machinery for labor-management cooperation for the purpose of eliminating various factors for labor-management disputes and strengthening the basis for their cooperation.

韓國 勤勞者福祉制度에 관한 考察

愼斗範 명지대학교 1974 明大論文集 Vol.7 No.-

韓國의 勞使協調制度에 關한 考察

愼斗範 명지대학교 1976 明大論文集 Vol.9 No.-

1. National self-defense has as its purpose the deterrence in advance of a wide variety of aggressions. It presupposesa national consensus, which makes possible concerted action and cooperation for national objectives. Viewed in this way, labor-management relations represent also an aspect of cooperation for national defense and development. The relations are not merely labor and human relations problem. It is due in part to the regulation of laboer's fundamental rights and its weakness and surplus of labor that any dispute does now not arise. It is not, however, certain whether there is a close cooperation between labor and management. It is therefore necessary to analyse all the relevaut current problems and work out the counter measures. Reinforced labor-management relations may contribute to economic development. Labor-management relations now refer to those between their respective organizations, not those between individual laborers and managers. Workshop unions must be recognized as playing an important role in promoting the interests of enterprises and the union activities. If the labor unions cease function as such, they may no longer exist. The labor-management relations will then be those between individual laborers and managers. This fact gives rise to problems in terms of democratic labor-management relations and improved communication and the resulting intensified cooperation. Among the ultimate objective of human relations come improved productivity, savings of raw materials, reduction of casualties and diseases and quality control. They may ensure large profits for the management on the one hand, and equitable share therefore for the labor, on the other hand. This may be made possible only by the requisite motivation―mutual benefits and human dignity. It is provided for in Article 6 of Labor Union Act that Labor-management consultative committee should be established in every workshop. In the workshop where no labor union has not yet been established, a undemocratic way of electing. The members and the organization and operation only for the management make them ineffective. It is revealed in a report "Survey on Labor-management Cooperation by the Korean Chamber of Commerce and Industry" that inadequate mutual communication accounts for 21% of the factors making labor-management relation unsatisfactory ones. According to the study, inadequate management organizations represent 13%, lack of knowledge of social function of enterprises 11%. Unsatisfactory operation of the Labor-Management Consultative Committee has been brought about by an authoritative horizontal control in an enterprise(28%), negative and traditional attitude of labor union leaders(12%), misunderstanding on the part of management of its function(13%), and finally lack of preparation for output sharing system(10%). What matters in labor-management relations, however, is a fair determination of wages and their distribution. We may see countries where there are concluded a long-term agreement between labor and management comprising automatic coordination clauses. The clauses. The clauses are designed to ensure stability contemporaneously with an increase in wages by means of a collective bargaining. In Korea the period in which a collective agreement is effective is one year, and renewable-every year. And government authorities may intervene in the determination of wage level in accordance with relevant provisions of the National Security Act. The fact that civil servants of local government agencies lacking any expertise knowledge make decisions gives rise to many problems. In our country long-term and short-term wage plan should take account of economic development rate and rising prises. The plan should also establish criterion in terms of industries, locality or size of workshops. A wage deliberative committee, consisting of labor, management, government, and experts may well participate in decision making regarding wage problem. The Central Labor-Management Consultative Committee functionse under the guidance of the Government agency. It, however, is consisted of some members of the Managers' Association. This aspect merits some deep consideration. In view of the ever-increasing competition on the international level, we must, while increasing our productivity, also pay keen attention to quality control and to development of new items. This objective may not be attained without loyalty and creativity on the part of all those concerned with production. Cooperation has as its prerequisite mutual understanding and voluntary cooperation. Under a superficially peaceful relations between labor and management may lie labor's gruntes which must, by all means eliminated. 2. In view of all these considerations the following guideline may be suggested for better cooperation between labor and management. First of all laborers should keep in mind: (1) That bearing in mind the primary national goal of national defense and economic development they should present to their enterprises a reasonable request; (2) That they should refrain from hostile activities towards management, taking account of the present status of the enterprise; (3) That they should reorganize labor unions in such a way as to ensure their efficient activities in a democratic way, thereby eliminating antipathy between union members and their leaders; (4) That union leaders should regard their role as a service and contribute themselves only to the benefit of the unions and trade their members and that they should carry out their own obligations and cooperate among themselves in a democratic way to ensure order and to sustain control over the organization. Secondly, the following points must be borne in mind by the management: (1) That they should put emphasis on the social responsibility of enterprises and national interest rather on their self-interest; (2) That they should not regard laborers as subservient to them, but should elicit their voluntary cooperation and creativity by means of their human treatment; (3) That they should refrain from excessive profit-making and ensure equitable shares to laborers, for unreasonably low level of wages adversely affects the development of their enterprises; (4) That they should cut down on outlays and should refrain from resorting to reduce the member of their employees as the occasion may require; (5) That fully aware of the necessity of the existence of labor unions, they should no show hostile or negative towards unions; (6) That by enlarging social welfare facilities they should always keep in mind secure lives of laborers, thereby ensuring promotion of efficiency and should undertake all possible preventive measures against casulaties and diseases; (7) That they may expect voluntary cooperation on the part of laborers only by means of providing information on the enterprise to laborers. Thirdly, attention should be paid on the part of government agencies concerned to the following: (1) That their primary goal should be to ensure genuine cooperation between labor and management, which presupposes the attainment of their respective objective, namely the development of enterprises and satisfaction with equitable shares on the part of laborers. Therefore government should act as a coordinator of conflicting interests in view of overall national economy. In policy formulation account should taken of protection of laborers, social security and national defense; (2) That an enactment should be made in which minimum wage system is provided for with a view to promote close cooperation between labor and management. The relevant provisions of Articles 34 and 35 of the Labor Standard Law fails to be effective. It is therefore imperative for the government to undertake measures necessary to enforce them; (3) That the government should reinforce the system of labor laws by enacting a Household Labor Protection Law to protect laborers. And that there should be established a Labor Court which may decide labor cases, thereby extending sufficient protection to laborers; (4) That the government agencies should promote close Cooperation between labor and management by means of an efficient operation of labor-management consultative system. The matters to be consulted may will be provided for in a pertinent law to be enacted in order to induce gradually the consultative system to influence the operation of enterprises; (5) That it is desirable to reorganize the present Office of Labor into the Ministry of Labor to make better contribution to promoting cooperation between labor and management. And that there should be an allout effort to eliminate in advance any factor which may perhaps give rise to conflict and controversy between labor and management. In closing it may be added that one of characteristiics discernible in our labor laws of collective labor-management relations is a restriction on collective activities. The present provisions enabling govmenment agencies to intervene in labor-management relations have been made necessary to meet our overriding goal of national defense finding its legal expression in the Special Measures for National Security Act promulgated on December 27, 1971.

豫算制度의 改革에 관한 硏究 : 美國 聯邦政府의 豫算制度 變遷過程을 中心으로

愼斗範 충남대학교 법률행정연구소 1979 논문집 Vol.6 No.-

行政學의 새로운 傾向

愼斗範 명지대학교 1971 明大論文集 Vol.4 No.-

1. Since the release of "the Study of Administration" by Mr. Woodrow Wilson in 1887, the Science of Public Administration has been brought into study as one of unique objectives. As a matter of fact, the concept of administration, originally a product of the power separation, came into being with the appearance of the law-governed states. However, the crisis of parliamentary principle, so-called, the degeneration of legislative state eventually brought about a development towards administrative state. That is to say, in 20th century, the increase in quality and quantity of administrative functions following the extension of governmental works made it inevitable for the modern administration perform even quasi-legislative and quasijudicial functions. 2. At first, during the period (the former period: 1887-1940) dominated by the technical study-sect of public administration, the study of public administration in the Unite States not only distinguished administration from politics, in response to the request of the time to overcome the spoil system, but also was only focused on technical rationality of administration with the exclusion of value judgements towards administrative objectives. But, the economic panic in the United States from 1929 and the 2nd World War from 1941 developed the increase of governmental roles for national economy, eventually causing the recognition of political function within administration. Accordingly, in the study of administration, much importance is attached to its relation to politics, and under these circumstances, functional study-sect of public administration has made its appearance.(the latter period: 1940-). 3. In recent time, however, ecological approach as a new tendency in the study of public administron has appeared, which is to understand administration mainly in its relation to environmental factors, In addition, there appeared sociological approach which is to understand the administrative phenomenon, form a sociological view point, in relation to political, social and cultural structures, and there also appeared social psychological approach and so forth. 4. Since 1950, the problem of development has become an important objective of concern among social scientists. Today, much importance is attached to the problems of development administration. There are two approaches in the development administration. One is balanced development approach, and another is unbalanced development approach. According to the former, the administration can be developed when the balanced development among political, economical and social phenomenon is well maintained, while according to the latter, the administration, as the prime mover with much emphasis on its independent variable role, is to take the lead in developing other fields, such as political, economical and social fields. Meanwhile, comparative administration is also developed these days. The reason is that through comparative study of the administrative characteristics in every nation concerning the historican, political, and social backgrounds, and through the study of changing situation of environmental factors to be influencing the administration of concerned nation, it is possible to form a general rule of administration and acquire a scientific improvement of administration.

行政上의 決定行爲 : 政策形式 및 그 段階를 중심으로 with Emphasis on the Process of Policy Formation

愼斗範 충남대학교 법률행정연구소 1980 논문집 Vol.7 No.-