전산유체역학을 이용한 루지 썰매의 공기역학적 분석

김홍영(Hong-Young Kim),전풍승(Pung-Seung Jeon),정효연(Hyo-Yeon Jung),김광용(Kwang-Yong Kim) 대한기계학회 2016 대한기계학회 춘추학술대회 Vol.2016 No.12

Numerical analysis on the flow over a luge sled has been performed to investigate the aerodynamic performance of various shapes using three-dimensional Reynolds averaged Navier-Stokes equations with Shear Stress Transport turbulence model. A parametric study was performed using three geometric parameters, the radius of curvature at side view, the minor axis of the elliptical surface at the center of front view, and the major axis of the elliptical surface viewed from above. To evaluate the flow characteristics and the aerodynamic performance of the luge sled, drag coefficient was defined as the performance parameter. Ranges of the three geometric parameters were set according to the International Luge Regulations. The results show that the drag coefficient was significantly affected by the three geometric parameters of the luge sled.

상여금의 임금성 여부

김홍영(Kim Hong-Young) 서울대학교 노동법연구회 2006 노동법연구 Vol.0 No.21

투입 및 산출 분해모형을 활용한 산학연 협력연구의 효율성 분석

김홍영(Hong-Young Kim),정선양(Sunyang Chung) 한국산학기술학회 2017 한국산학기술학회논문지 Vol.18 No.12

본 연구는 한국 정부에서 ‘13~’15년에 지원한 정부연구개발사업중 산학연 협력연구 과제를 대상으로 협력유형을 주관기관별로 유형화하여 효율성을 분석하였다. 효율성 분석을 위해 6단계에 걸쳐 순수연구개발과제만을 분류하였으며, 투입과 산출변수를 다양한 조합의 투입과 산출변수를 분해 모형을 만들어 투입과 산출변수간의 효율성 차이점을 분석하기 위해 하여 산출지향 규모수익가변(VRS: Variable Return to Scale)의 DEA 모형으로 효율성을 분석하였다. 또한, 산출변수와 관련 있는 과학적, 기술적, 경제적 성과 모형의 효율성 분석결과를 활용하여 계층적 군집분석으로 클러스터를 확인하고, 클러스터별 강점과 약점에 맞는 산학연 협력유형별 정부 연구개발예산의 투자 포트폴리오 및 투자전략을 제시하였다. 효율성 분석결과 주관기관별 산학연 협력유형의 효율성은 각 모형별로 차이가 있었으나 전반적으로 대기업과 출연연구기관이 상대적으로 효율적이고, 중견기업, 중소기업, 그리고 대학은 상대적으로 비효율적인 것으로 분석되었다. 계층적 군집분석결과 3개 유형의 클러스터가 형성되었으며, 클러스터별로 논문, 특허, 기술료․사업화에서 강점과 약점이 있는 협력유형이 나타나서, 이에 대한 차별적인 투자전략을 제시하였다. This study analyzed collaborative R&D projects funded by the Korean government from 2013- 2015. For this analysis, input and output variables of projects were considered, and a combination of those variables was itemized. The output-oriented variable return to scale (VRS) model extended from the DEA methodology was adopted to evaluate the cooperation efficiency of the types of R&D collaboration, which were classified according to the project leader"s organizations. In addition, hierarchical cluster analysis was conducted using the efficiency results of the scientific, technical, and economical outcome models. The results showed that cooperation efficiency between large companies and public research institutions was relatively high. Conversely, cooperation among medium-sized companies, small businesses and universities was particularly inefficient. The clustering results demonstrated the various strengths and weaknesses of the types depending on publications, patents, technical loyalties and the number of commercialization. In conclusion, this study suggests differentiated investment portfolios and strategies based on the efficiency results of diverse cooperation types among industries, universities and public research institutions.

위장도급인 사내하도급에 대해 직접적인 고용관계를 인정하는 판례 법리

김홍영(Kim, Hong Young) 성균관대학교 비교법연구소 2008 성균관법학 Vol.20 No.3

This article argues two the Supreme Court cases that recognized the intra-subcontracts as direct employment due to camouflage outsourcing. The intra-subcontracts as camouflage outsourcing are classified and recognized the implied employment relation or the illegal dispatch employment relation at that case laws. And there is a lawful intra-subcontract another. So the standards are necessary that are classify three categories. In Hyundai Mipo Dockyard case, the Supreme Court announced that the implied employment relation is recognized the business proprietor, being a contractor, and the employees, hired by subcontractor. The Court considered that (1) the contractor used the real powers about hire, promote and discipline to that employees, (2) he used directly the powers about order and supervision, (3) he used the powers of influence about the employment conditions, and (4) the subcontractor did not prepare the independence and self-support facilities for management. And in Yesco case, the Supreme Court announced that the intra-subcontract, which was the illegal dispatch employment, was applied the direct employment provision in the old law, the Dispatched Employee Protection Act. In the case, the Court did not judge the standard which classifies illegal dispatch or lawful intra-subcontract. In my opinion, if the contractor used directly the powers about order and supervision, the relations should be recognized as not subcontract but dispatch. About intra-subcontract, there are many cases recognised as camouflage outsourcing. I expect developments of case laws about the classifying standards in the concrete.

중국 산재보험법상 산재인정기준 – 한국과의 비교법적 검토 –

김홍영(Kim Hong-Young),김국화(Jin Guohua) 한국비교노동법학회 2021 노동법논총 Vol.52 No.-

중국에서 산재보험 제도가 이미 오랫동안 시행되어 왔다. 2010년에 「사회보험법」 을 제정하면서 제4장에 산재보험의 원칙적인 조항들을 규정하였고, 종전의 「산재보험조례」를 사회보험법의 내용에 맞추어 개정하였다. 이처럼 중국에서 산재보험 제도가 현행 제도의 모습을 갖추어 시행된 지 10여년이 지났음에도 불구하고, 한국에서는 중국의 현행 산재보험 제도에 관하여 법적 측면에서의 연구는 부족하다. 이 글은 중국의 산재보험 제도의 내용 중 산재인정기준에 초점을 맞추어 고찰하고자 한다. 어떠한 재해가 산재로 인정되는가에 관한 법적인 판단은 산재보험 제도에서 중요한 문제이기 때문이다. 이 글은 중국과 한국의 법제도를 비교하는 방법을 통해, 중국 산재보험 제도에 관한 이해를 높이는데 도움이 되고자 한다. 중국도 한국과 마찬가지로 오랫동안 산재보험 제도를 시행하면서 이를 발전시켜오고 있다. 중국의 산재인정기준은 「산재보험조례」의 규정에 따라 산재로 인정하는 경우, 산재와 동일하게 보는 경우, 산재를 부인하는 경우로 나누어 고찰된다. 산재로 인정하는 경우의 모습은 사고 상해, 출퇴근 재해, 직업병 등에서 한국과 유사한 모습을 나타낸다. 그러나 양국의 산재인정기준에 대해 몇 가지 점에 차이점을 보인다. 첫째, 중국에서는 사고 상해와 관련하여 다양한 측면의 사고에 대해 구체적인 기준을 두고 있지 못하다. 산재인정 기관에 조사권한이 있으면서도 산재가 아니라는 증명의 책임은 사용자가 부담한다. 산재인정 기관의 업무의 적정성을 제고한다는 측면에서 구체적인 규정들을 둘 필요가 있다. 둘째, 한국에서는 전형적인 직업병이 아닌 특이한 질병에 대해 산재로 인정하는 기준에 관하여, 많은 논란을 거쳐 더욱 발전해 오고 있다. 예를 들면, 과로나 스트레스로 인한 질병 사망, 희귀질환이나 첨단산업분야에서의 새롭게 발생하는 유형의 질환 등이 그러하다. 한국의 경험은 중국에도 시사점을 줄 수 있을 것으로 생각된다. 셋째, 중국에서는 산재와 동일하게 보는 경우 중 돌연사나, 산재를 부인하는 경우 중 고의 범죄, 과음, 자해, 자살 등의 사유는, 업무와 재해 사이의 인과관계를 고찰하지 않는다. 이 점에 대해 중국 내에서도 비판적인 학설도 존재한다. 향후 중국에서의 논의와 제도 개선의 향방에 대해 한국에서도 지속적인 고찰이 필요한 부분이다. In China, the industrial accident insurance system has been in effect for a long time. In 2010, when the 「Social Insurance Act」 was enacted, the basic provisions of the Industrial Accident Insurance were stipulated in Chapter 4, and the former 「Industrial Accident Insurance Ordinance」 was amended to match the contents of the Social Insurance Act. Although it has been more than 10 years since the current industrial accident insurance system was implemented in China, research on the current industrial accident insurance system in China is lacking in Korea. This article intends to focus on industrial accident recognition standards among the contents of China"s industrial accident insurance system. This is because the legal judgment on which accidents are recognized as industrial accidents is an important issue in the industrial accident insurance system. This article aims to help improve the understanding of China"s industrial accident insurance system by comparing the legal systems of China and Korea. In China, as in Korea, the industrial accident insurance system has been implemented and developed for a long time. In accordance with the provisions of the Industrial Accident Insurance Ordinance, China"s industrial accident recognition criteria are divided into cases recognized as industrial accidents, cases considered as industrial accidents, and cases denied of industrial accidents. Cases that are recognized as industrial accidents are similar to those in Korea in accident injuries, commuting accidents, and occupational diseases. However, there are some differences between the two countries regarding industrial accident recognition standards. First, in China, there are no specific standards for various aspects of accidents related to accident injuries. The employer bears the burden of proving that it is not an industrial accident, even though the industrial accident recognition agency has the authority to investigate. In terms of improving the appropriateness of the work of the industrial accident recognition agency, it is necessary to put in place specific regulations. Second, in Korea, the criteria for recognizing a specific disease that is not a typical occupational disease as an industrial accident has been further developed after much controversy. For example, diseases and deaths caused by overwork or stress, rare diseases, or new types of diseases in high-tech industries are the same. It is thought that Korea"s experience can give implications to China as well. Third, in China, the causal relationship between work and the accident is not considered for cases such as sudden death considered as industrial accidents, and intentional crimes, excessive drinking, self-harm, and suicide denied of industrial accidents. There are also critical theories in China on this point. It is an area that requires continuous consideration in Korea as to the future direction of discussion and system improvement in China.

외국인근로자의 노동권과 사회보장권

김홍영(Hong Young Kim) 충남대학교 법학연구소 2003 法學硏究 Vol.14 No.1

Foreign immigrant workers, as same as native workers, have rights at work and social security. But, in Korea, foreign immigrant workers have not. Somebody of them work as trainee, or others work in spites of illegal visa. So, to tell the truth, the employers have used to impose forced labor, delay to pay wage, disregard safety of workplace and accident compensation, and disturb freedom of association. Besides, national health insurance and accident compensation insurance has not been applied in their case. The law and policy for foreign immigrant workers shall change form illegal work to legal work. The Act of Foreign Workers (2003) is well, for beginning work permit system, but not well, in that the system progresses partially. We should persevere in one's efforts to acknowledge and accept foreign immigrant workers in our country, as someone of us.

법학전문대학원에서의 노동법 교육방법론

김홍영(Kim Hong-Young) 한국노동법학회 2010 노동법학 Vol.0 No.35

The educational method on labor law at law school is for the educational goal of law school and to consider relations in bar exam. The basic courses are subject on the Labor Standard Act and the Trade Union and Labor Relations Adjustment Act. And the courses must not put emphasis on theories but case laws. It is important to study and to understand the case materials, to apply it to another case. The standard case book of the basic courses have thirty subjects to contain about two or five cases, totally about ninety cases. For the efficient and accurate understanding, the students should study the cases by full text. If not to relate case law to facts, it is difficult to understand issues and logics. In the lecture at class room, the professor should use the interrogatory method of teaching, that is in the form of questions and answers. Form now on we should decide detailed curriculum of labor law courses, educational contents and methods, forms of bar exam, etc. It is necessary of cooperation of professors and readership of the Korea Labor Law Society.

부당해고 구제절차에서의 금전보상 제도 및 이행강제금 제도

김홍영(Kim Hong-Young) 한국노동법학회 2007 노동법학 Vol.0 No.25

(1) The Labor Standard Act revised on the beginning 2007, introduces the money compensation system and the penalty money system for compulsory performance, but eliminates the criminal case punishment regulation against an unfair dismissal. The Labor Relations Commission shall make a remedy order to the employer, who dismissed the employee unfairly, to reinstate the employee, or to compensate money to the employee who dose not want reinstatement. In case that the employer does not execute a remedy order up to the time period, the Commission shall issue the penalty money to him. Therefore the new systems, that are the money compensation system and penalty money system for compulsory performance, let the remedy for unfair dismissal more effective. (2) The Commission can make an money compensation order, only if the employee dose not want reinstatement, but can not by employer's application or of the Commission's own authority. The currant relief systems for unfair dismissal are two separate tracks. The one is that the Labor Relations Commission make a remedy order, and the other is that the court make a judicial decision in civil proceedings. To give the power to the Commission, to make an money compensation order in spite of the employee's will, let the dispute more complicated and the resolution system more ineffective. Because that the employee who is dissatisfied to a money compensation order, but wants reinstatement, is able to make the civil suit of the separate way. (3) The total money of compensation must be sufficient, so far as the money compensation system is applied positively. The compensation becomes accomplished, not only wages for dismissed period but also the money to compensate against the loss of the future labor profit which it follows in job loss. In this article, I propose an model which calculates job loss compensation considered one's tenure of office and wage level. (4) The relief process by the Commission for unfair dismissals are completed systematically and perfected by the introduction of the penalty money system for compulsory performance. Those are thought desirable features that the Commission shall repeat to issue penalty money until the employer perform a remedy order, and that levy standards are different top and bottom in type of violation. (5) In the current law any one who has violated remedy order which were finalized shall be punished. As the method to compel to perform an administrative order, the economic compulsion like penalty money is more desirable than the punitive punishment. So the punitive punishment should be eliminated in the law.

공무원 노동관계에서 노동쟁의에 대한 조정(調停)

김홍영(Kim Hong-Young) 한국노동법학회 2008 노동법학 Vol.0 No.26

In Korea, the public officials' unions are legalized on the Public Officials' Unions Act (that is named as “the Act on the establishment and operation, etc. of public officials' trade unions”). The public officials' unions shall have the rights to bargain and conclude collective agreements with the government's negotiating representative. But the public officials' union and its members shall be prohibited to take any industrial action, for example, strike. The other side, the labor relations commission shall conduct mediation or arbitration as to industrial disputes. In this article I examine closely the mediation as to industrial disputes in the labor relations of public officials, in regard to organization, commencement condition, objects, process and other issues involving that mediation. I investigate the provisions of the Public Officials' Unions Act and other related acts as to the topics. The Labor Relations Adjustment Commission for Public Officials(LRACPO), which is established within the National Labor Relations Commission(NLRC), mediates industrial disputes in the labor relations of public officials. If collective negotiations break down, either or both of the parties concerned may apply for mediation to the commission, and then the commission shall commence mediation. The commission may prepare a mediation proposal, present the proposal to the parties concerned, and recommend them to accept the proposal. If the parties have accepted the mediation proposal, a mediated agreement in writing shall be prepared and singed by the commission members together with the parties concerned. The contents of the mediated agrement shall have the same effect as a collective agreement. In case a dispute is not resolved through the mediation and a decision is made to refer the dispute to arbitration at a plenary meeting of the LRACPO, the commission shall conduct arbitration (that is called as compulsory arbitration). And I suggest some improvement plans that make the mediation system be effective and best used. That suggestions are as follows: (1) For the reforms of organization of the LRACPO, as to appointment process of the commission members, it should be adapted hearing of unions and governments before entrusting the members, or approval/hearing of the National Assembly. As well as, with decentralization to the regional labor relations commissions, a industrial dispute, that comes form with a regional government, shall be handled by the regional labor relations commission. (2) It should be necessary that the labor relations commission make its efforts to assist the parties ahead of formal mediation, to mediate objects of the dispute widely and broadly, and to develop and train good skills for professionalism. (3) Many means should be adopted to resolve various or diverse disputes, that includes adversary, conciliation and fact-finding beyond or ahead of formal mediation. (4) The compulsory arbitration referred by the commission should be abolished. Instead either of the parties concerned might alone apply for arbitration to the commission. So the parties could freely apply for mediation not to fear the compulsory arbitration.

통상임금의 입법 방향

김홍영(Kim, Hong-Young) 한국노동법학회 2015 노동법학 Vol.0 No.56

“915 tripartite large compromise” in 2015 is rated as preferable that clear standards shall be legislated in order to solve the conflict and confusion of industrial relations over the normal wage. Otherwise, there are several large problems with the compromise. According to the compromise, based on the Supreme Court the grand bench decision in 2015, excluded money would be enacted such as in accordance with the definition of the concept of the normal wage and nature of the money. But, all despite contents of the Supreme Court decisions, the interpretation of the normal wages is still hard. And the compromise will make the enforcement ordinance have powers to enact the particular types of the excluded money. The enforcement ordinance may enlarge the scopes of the excluded money. As a result, new defining provision of the normal wage would not be much help to regulate overtime work, and to labor parties it could be a means to continue long-time work practices. The ruling party has initiated the amendment of the Labor Standard Act, to have problems like it as it is. So, I try to present the desirable amendment in this paper. 1) Normal wage should be defined as all of the money that were decided to be paid for a given work. 2) If the money is paid in regular and uniform manner, it should be defined as corresponding to the normal wage in principle. Otherwise the money that are exceptionally excluded, should be illustrated and limited by the Act. 3) Not to abuse excluded money, so it is an obstacle to improve long-time work practices, the enforcement ordinance should be defined by re-clearly limit the scope which could be excluded.