사용자의 징계행위와 부당노동행위

금동신 단국대학교 1989 論文集 Vol.23 No.-

使用者의 懲戒行爲와 不當勞動行爲

琴東信 단국대학교 1989 論文集 Vol.23 No.-

Even in the modern industrial society with high technologies, the laborintensed means of production still carry the importance level. Hence, the hiring of a work force and the right to take charge of and to supervise the work force by the employers are plainly stipulated in the "Labor Standard Law". According to the regulations, the laborers are obliged not only to respect the legal rights of the employers, but also to adhere the rules and organizational structures of the company for the sakes of harmonizing the work forces into the management orders and of upgrading the productivities. The Korean Labor Standard Law prohibits the impositions of unilateral dismissal and of disciplinary dismissal, which are devoid of any legitimate reason at all. Particularly, in the case of immediate dismissal without any pre-announcement or any notice in advance, the logical and legal explanation on the dismissal action should be reported to and approved by the Labor Relations Board. The present study attempts to examine the legal theories in order to probe the related problems stemming from the disciplinary action of employer against laborers. In doing so, the research focuses upon the principles, which are commonly applied to the disciplinary measures, and those principles must be abided by for preventing any unjust violation of the laborers' rights. Then, the present study collects the data on various patterns of the disciplinary mcasures by the lines of workshops and companies with the purpose of modelling the the behaviors and activities resulted in the disciplinary actions and the criteria for such disciplinary measures. In the modern society, the employment relationship is by no means a social status relationship, but a social contract relationship. Thus, the practices of disciplinary measure need to be aimed at allevating the production efficiency and of realizing the organizational cooperations and orders in the company. In any occasion, the imposition of punishment against laborers should imply neither any retaliatory action, any damage to human dignity, nor any means to compensate the company's loss. The misuse and abuse of disciplinary measures are clearly prohib ited in the regulations of labor laws. In conclusion, for the improvement of laborer-users relations and the non-conflictual policy orientations in the mutual respects of legal rights between the two parties, the disciplinary measure against laborer appears to provide with a rational effectiveness, when the participations of laborers' representatives-the labor representatives in case of the labor union are guaranteed in the process of disciplinary decision. An unilateral imposition of punishment on laborer is by no means an effective practice in the laborer-used relations.

勞使紛爭의 平和的解決과 爭議行爲의 適法性에 관한 硏究

琴東信 단국대학교 경영대학원 1983 經院論叢(壇國大學校) Vol.3 No.-

단자대의 접촉불량 및 트래킹에 의한 열·전기적 특성에 관한 연구

금동신,김시국,이춘하 한국화재소방학회 2015 한국화재소방학회 학술대회 논문집 Vol.2015 No.춘계

勞使간의 '동반자 인식'이 필요하다

琴東信 세계평화교수협의회 1989 廣場 Vol.1989 No.191

團體協約의 本質과 協約自治의 限界

琴東信 中齋 張忠植博士 華甲記念論叢刊行委員會 1992 中齋 張忠植博士 華甲記念論叢 Vol.2 No.-

勞使紛爭의 平和的解決과 爭議行爲의 適法性에 관한 硏究

琴東信 檀國大學校 經營大學院 1983 經院論叢 Vol.3 No.-

懲戒權의 根據에 관한 硏究

琴東信 檀國大學校 1979 行政學硏究 Vol.1 No.1

勤勞者의 士氣沮害要因의 分析과 그 昻揚方案에 관한 硏究

琴東信 단국대학교 1979 論文集 Vol.13 No.-

The economy of Korea has now reached the point where it is ready to take off from the level of a developing nation to that of a developed one. The high growth of Korean economy since 1962 has brought about a quantitative in crease of workers, the main body of economic activities. With rapid growth of industrial corporations and the expansion of productivity, it has come to be recognized in the viewpoint that their success depends on the morale, an mental factor, of workers that the morale of workers, a mental factor of theirs, has an essential relation to the industrial productivity. With a verifiable analysis of the whereabouts of workers's consciousness and of the problematic points in the working field in connection not only with the industrial labor management but also with the aspect of labor administration, and with an analysis of workers's consciousness changing according to the rapid social changes accompanying the high growth of economy and that of the factors of impediment in workers' morale, we should promptly eradicate the factors of impediment so that the workers can play the role as the main body not only of economic activities but also of social structure. In this connection, this study aims at analyzing verifiably through field researches the factors of impediment in field workers' morale and seeking after specific schemes of labor administration by concretely studying on the side of labor administration devices to enhance workers' morale. The object of the research was the blue-color workers protected under labor stand ardization law, and the research was carried out with 700 workers working in randomly selected 5 factories located in the Bupyong industrial area within the Seoul-Inchon district. The utilizable responses from 439 workers out of all the 537 workers who had responded to the research questionnaire were selected for the analysis. The approach was made through three different ways; interviews, questionnaires and data researches. The questionnaire were selected for the analysis. The approach was made through three different ways; interviews, questionnaires and data researches. The research was carried out in November, 1978. This study first of all specified the general determinative factors of workers' morale, and then analyzed the constituent elements of the workers used as the object of the research. The contents of a questronnaire were as diversified as foillows. (1) The general view of life held by a worker. (2) His view of labor. (3) His objective of life. (4) His motive to have entered the company. (5) His mental state after entering the company. (6) His feelings of satisfaction or dissatisfaction with his job. (7) The causes for workers to leave the company. (8) The degree of satisfaction with his rank in the company. (9) The working hours. (10) The rest hours. (11) The hours of night-shift work. (12) The overwork. (13) The degree of his recognition of the importance of his work. (14) The degree of his being evaluated by the company. (15) His job and ability. (16) The degree of adequacy of the amount of his work. (17) How to make use of his leisure time. (18) Paid vacations. (19) The degree of fairness of his pay. (20) The factors to decide workers' pay by. (21) The reason for asking for the raise of workers' pay. (22) His savings. (23) The degree of trust in his seniors in the factory. (24) The communication with his seniors in the factory. (25) The degree of fairness of personal management. (26) His attitude and response toward irrational directions. (27) The degree of his knowledge of the regulations regarding his job. (28) The degree of workers' general knowledge of the job regulations. (29) The state of implementation of the job regulations. (30) His feeling of aptitude or inaptitude to his work. (31) The degree of his feeling of alienation in the factory. (32) The prime mover to suppress the feeling of alienation. (33) How to control the feeling of alienation. (34) The contents of daily chats in the factory. (35) The factors of complaint in the factory. (36) The persons with whom he consults about his problems. (37) The factors to enhance his willingness to work. (38) The integrity and loyalty as a worker belonging to a factory. (39) The punitive cases. The result showed that the workers' discontents impeding their morale can be classified into three: “one that the workers can put up with,” “one that they should put up with,” and “one that they cannot put up with.“It was found that the workers' morale is affected when these discontents are collectively accumulated. “The discontent they cannot put up with” can be different depending on the age and education of a worker. But it is presumed that meeting their desires regarding the kind of work, wages, or work conditions cannot be the sole answer to enhance their morale. When a worker is sure that he can realize his dream that he can reach his future aim, he will grasp the charm of his labor and be able to make efforts without complaint. Through this his discontent will be cleared up and his morale will be enhanced. A specific device can probably be thought out to dissolve the Korean workers' discontents arising out of the present reality. It is needless to say, however, that the essential principle of the device should be in protecting human dignity of workers. The specific device may include the following items. (1) To secure a substantial balance of interests of labor and capital through the guidance of labor administration. (2) To solve pending problems rather through conferences between and mutual efforts of labor and capital than through seeking after respective interest by means of oppositional strifes. (3) To organize or arrange an authoritative committee or procedure that can virtually slove workers' problems. (4) To improve human relations in the factory and to make better workers' welfare and working conditions with a view to dissolving the feelings of alienation on the part of workers.

勞動爭議行爲의 形態와 合法性에 관한 硏究

琴東信 단국대학교 1976 論文集 Vol.10 No.-

This article aims at exploring and defining types and legality of the labor dispute. First of all, the labor dispute may be defined as actions which are taken by workers in order to secure their claims realized and also measures which are adopted by employers to counter the workers' moves. It is observed that law and order of the civil rights in the comtemporary capitalism have their main brunt derivable from the principle of private property, of liberty of contracts, and of liability with fault. In addition, the constitution provides clauses of special exceptions in order to ensure the promotion of living conditions and the enhancement of social statuses of the workers. The legislation also guarantees workers their rights of organization, collective bargaining and at the same time provides provisions for the protection of the workers from the unfair labor practices. Of these, the rights of organization and of collective bargaining do not impose any grave concerns since they are non-violent in nature. However, the labor dispute actions, since they are usually concomitant with positive and combative posture, imposes difficult problems in the light of the principle of benefit under the equal rights for the both parties concerned. Since the methods of the resistence and labor struggles are so varied that is an ample ground for their discussion in terms of theories and case studies so as to determine the legality of them in a more concrete terms. Labor activities, whose main objectives are to protect the rights of the workers, can be manifested as work stoppage by the workers to the effect that they may interrupt the normal business activities, often accompanying a loss to the employer. For this reason, it is important thar the labor dispute should be taken up seriously for studies so as to be judged whether it is legal or not. In fact, this aspect is well illustrated in this paper. This article gas also dwelt on the limitation of the labor dispute actions on the basis of the principle of benefit under the equal rights and explained how this limitation and the right of collective bargaining are specified by the law. This paper have classified four objectives which trigger the labor dispute: (1) the sabbotage in political strikes, (2) the sympathetic strike, (3) the protest strike and (4) the security strike. The means of accomplishing these objectives can also be categorized into four types: (1) the strike, (2) the sabbotage, (3) the boycott and (4) the interference with management. Discussing these at some length, this paper has analyzed in detail the auxiliary means of the labor dispute such as the propagation of literature, the use wall posters, donning of ribbons and armbands, the interruption or stopping of shipment of products or their concealment, the sitdown-strike, picketing, and presented justifications for these. This paper has also dwelt on the problem of responsibilities in the illegal labor dispute activity since clashes may take place when the employer resorts to the means of lock-out. In sum, this paper has enumerated that the labor dispute is mainly for the promotion of the workers' social and economic statuses and that the labor dispute should be preceded by negotiations and the coordination between the opposing parties. Though workers may choose either means of attaining their goals, it is assumed that to leave the violent means in the labor dispute to be handled solely by the respective business concern itself is an act of irresponsibility when national objectives are centered on the economic development and realization of a welfare state. Rather it should be taken up by sound social policies, by objective coordination of extraordinary administrative functions and also by high quality management of the labor problems in such a way thar workers may get real benefit of protection of their rights.