노인복지법상 노인일자리 관련 규정의 문제점과 개선방안

고준기(Ko, Zoon-Ki) 한양법학회 2012 漢陽法學 Vol.23 No.4

Korea over 65 years the proportion of the population is increasing rapidly. Population aging will lead to a variety of social and economic problems. The purposes of this study are to find out the elderly’s income security system for elder adults in Korea and also to examine legislative reform of Occupation of Senior. This study deals with the legal problems in regard to participation in society affairs, occupation of senior, regional service volunteer, assistance of an occupation in the Senior Welfare Act in Korea. In case the Senior Welfare Act has some problems, I’d like to advance my opinion on the point of legislative views. Senior Welfare Act Article 18(1) says that the senior who serve their community may be payed. However the legal nature of the activity is a kind of service as usual. It is necessary to make regulations referring to an insurance system, a savings system and an exhibition service to support the aged volunteer by revising the Senior Welfare Act. It is necessary to enlarge the assistance range of occupation in Article 25 of the Senior Welfare Act. I would like to propose that only the poor aged must be adopted and then should be assisted financially for operating their business and also should be given the assistance of an occupation by revising the Enforcement Decree of the Senior Welfare Act.

재고용 이후 고용허가 인정여부에 대한 법적 검토

고준기(Ko, ZoonKi) 한양법학회 2012 漢陽法學 Vol.23 No.1

Business proprietor would like to keep hiring foreign workers with plenty of work experiences instead of new foreign workers. Even if after the work permit has expired, through the re-entry of the country, Business proprietor would like to offer their new work placement. The foreign workers also want to keep working with business proprietor. Business owner has been requested by many foreign workers, whose work permits have expired, about rehiring. This has been significantly increased since 2011. It is confirmed that some foreign workers are afraid to leave the country (Korea), since there are many possibilities when they go back to their country; it is hard to come back to Korea after. Therefore many of them choose to stay in the country; even though they are well aware of that it is illegal. Moreover, law system is not helpful to foreign workers, since the act on the employment of foreign workers(Employment Permit System) damages short-run circulation policy. The system reflects and takes business owners’ requests which is against the original policy. Labor force policy of the nation and the solutions of requests of foreign workers and business owner should be solved There are about 800,000 migrant workers in Korea according to the government statistics as of December 2011. The number of working visit migrant worker will increase gradually. Most of these migrant workers are working under the labor condition of lower wage and longer working hours compared with the domestic workers. This tendency and changes of labour market compels government to make more delicate employment policies on the migrant workers, but there is long distance between the reality of policies and the present status of labour market. This paper has provided the one legal steps in order to reduce the problems; the special permit system of employment. This steps would help to solve the problems regarding rehiring and reemployment permit arraign after rehiring which are local labor market protection policy, local labor market’s supplementation policy, short-run circulation principles, an appeasement policy about transfer of business or workplace of migrant workers, and illegal residency control.

노인학대의 방지와 홀로 사는 노인 지원 및 부양자의 효행 장려 지원에 관한 법률제정에 관한 연구

고준기(Ko, Zoon-Ki) 원광대학교 법학연구소 2012 圓光法學 Vol.28 No.4

A lot of the issues of the elderly living alone are relevant to elder abuse. Elder abuse are also relevant to the issue of breach of the support by person who is under duty. A lot of the issues of the elderly living alone and elder mistreatment comes from the weakness effect of precious Filial Behavior culture, which we have kept unsullied in our traditional family system. The purposes of this study are to find out improvement Devices of normative system(the establishment of law for integrating) on the Support for Encouragement of Filial Behavior Act, the protection of elder abuse(elder mistreatment), the support of elderly living alone(senior citizens who live alone), the support for a provider who be good to one's parents. In addition to the global tendency of a swift rise in the aged population, the aging phenomenon of the aged population is recently showing more serious aspect. Especially only by the national financial burden of the country in the elderly welfare cost, there is a limit. So such a problem as national financial burden that can be absorbed to some extent by supporting the filial behavior home and forming society respecting or supporting the elderly institutional arrangements are needed. Only by the current Welfare of the Elderly Act cannot cope with the problem of elder abuse problems or supporting for the elderly who live alone, supporting the elderly. Systematization of integrating the Act, by the benefit and protection of the law and through separation from the Act, is needed. It is necessary to combine the current Support for Encouragement of Filial Behavior Acton with encouraging and supporting legal support to the elderly who live alone, and preventing the abuse of the elderly, supporting for a provider who be good to one's parents, and legislation creating an integrated approach is needed.

연금위기에 대응하는 고용정책적 수단과 노후보장체계의 정비에 관한 연구 (2) -고령사회에 대응한 노후보장체계의 법제도적 정비를 중심으로-

고준기 ( Zoon Ki Ko ) 한국법정책학회 2005 법과 정책연구 Vol.5 No.2

외국인근로자의 사업장변경 실태와 문제점 및 법적개선방안

고준기(Ko, zoon ki) 한국비교노동법학회 2011 노동법논총 Vol.23 No.-

This study examines the actual condition transfer of business or workplace of the low skilled migrant workers’ labor market in Korea. Also in this paper I will examine Legal Problems and Proposal on Transfer of Business or Workplace of Migrant Workers in Korea. “The Act on the Employment of Foreign Workers.” was introduced on August 16,2003 and enforced since August 17, 2004. But existing Employment Permit System does not solved problems of violation of human rights and discrimination. Also, this system prevents migrant workers from acquiring proper protection of labor law. Specially, this system is going to cause illegal stay, because the existing provisions includes such a poisonous clause as’ a limitation of transfer of business place etc. Finally, there is possibility that cause the violation of human rights and the exploitation of labor that happened under the industrial trainee system. Also, this Act contains abuse of human rights, and has been a lot of controversy again: ‘permission for transfer of business or workplace’(The Act on the Employment of Foreign Workers. Art.25.), However, october 9, 2009 and June 4, 2010 to meet the needs of the workers and to hire reliably foreign workers, the revisions of provision protecting the rights of foreign workers were made. However, the current employment permit system is still enforced in many legal issues still remain. In this paper, which mainly measures to review and improve the institutional and legal issues were to review. Most of these migrant workers are working under the labor condition of lower wage and longer working hours compared with the domestic workers. This differences cause serious discrimination problems concerning the human rights of migrants connected to the national migrant workers policy. There are several policies that constitute the Employment Permit System related to foreign workers. First of all, we can raise the anti-discrimination principle that prohibits discrimination on the basis of nationality. And among other policies are limit access by migrant workers to remunerated jobs, which is the result of granting priority to the nationals of the state of employment. This paper examines the relations between two conflicting policies. This study suggests a few reforms on the legal system affecting migrant workers. First, host state must provide migrant workers with enough information on the jobs they will take charge of. Regulations of “permission for change of business or workplace” to ‘protect the domestic labor market’ for some is inevitable. Employment for overseas Koreans visiting of foreign nationality are allowed freedom of employment. The results occurred in the labor markets are as follow: substitution effects on employment between domestic worker and foreign worker effects. And employment for overseas Koreans visiting of foreign nationality will be breached a complementary principle of the current “Employment Permit System” in the labor market. In the future, the revisions of “Employment Permit System” have to establish on the basis of the objective review on the impact and effect of its revision in domestic labor markets. In this paper I will examine revision plans for on the general problem and problem of violation of human rights that appear at enforcement process of employment permit system, and introduce improvement countermeasures.

연명의료결정법안에 관한 문제점 및 개선방안

고준기(Ko, Zoonki),조현(Cho, Hyun),이강호(Lee, Gangho) 강원대학교 비교법학연구소 2014 江原法學 Vol.43 No.-

대법원은 2009년 5월 21일 인공호흡기 제거청구사건 판결에서 “국가는 연명의료결정 등의 문제를 아무런 기준 없이 당해 의사나 환자본인, 가족들의 판단에만 맡겨두는 상황이 지속되는 것은 바람직하지 않으며, 개개의 사례들을 모두 소송사건화 하여 일일이 법원의 판단을 받게 하는 것도 비현실적”이라고 판시한 이후, 정부는 환자의 연명의료결정법안을 만들었다. 이 연구는 연명의료결정법(안)의 입법 타당성과 문제점을 도출하여 보완·개선방안을 마련하고자 하였다. 동 법안은 존엄한 죽음의 선택에 대한 환자의 요청을 문서화하는 제도나 관행이 성숙되어 있지 않고, 호스피스와 완화의료가 활성화되어 있지 않은 상태 등의 여건을 감안할 때 법제화해도 실효성 적은 것으로 분석되었다. 연명의료결정 여부의 불확실성을 제거하고, 의료현장에서의 혼란을 방지하기 위하여 특별법으로 제정은 필요하다. 다만, 동 법안은 다음과 같은 개선이 필요하다. 첫째, 동 법안에서 연명의료의 대상으로서 회복 불가능성 판단기준이나, 무의미한 연명의료 기준, 연명의료 중단 시기본적인 의료서비스를 중단할 수 있는 특별한 사유 등을 명확히 규정할 필요가 있다. 둘째, 사전의료의향서의 경우 작성자의 능력, 의사의 진정성·객관성 여부, 정보제공 유무, 타당성과 적절성 기타 제3자 확인이 가능하도록 하는 등 정당성이 확보될 수 있도록 보완하여야 한다. 의사추정과 대리결정의 경우 남용 내지 부작용을 방지할 수 있도록 제도적으로 보완하여야 한다. 셋째, 연명의료결정’의 법제화와 함께, 호스피스-완화의료에 대한 사회적 기반 구축을 위한 법적 근거를 마련하는 것이 필요하다.

블루라운드(BR)와 노동법(勞動法)의 과제

고준기 ( Zoon Ki Ko ) 한양대학교 법학연구소 1994 법학논총 Vol.11 No.-

쟁의행위(爭議行爲)와 책임론(責任論)에 관(關)한 연구(硏究) -위법쟁의행위(違法爭議行爲)의 민사책임(民事責任)을 중심(中心)으로-

고준기 ( Zoon Ki Ko ),김정환 ( Jeong Hwan Kim ) 한국지역발전학회 2002 지역발전연구 Vol.2 No.2

고령자 고용촉진을 위한 정년제의 문제점과 법제화방안에 관한 연구

고준기(Ko Zoon Ki) 한양법학회 2007 漢陽法學 Vol.21 No.-

We have actually insufficient social security system against this aging society and have lack of employment even for the aged. In addition, the aged of ours mostly have insufficient or even poor financial conditions. That is why the aged in low income class may critically result in one of social problems. Furthermore, the retirement of the aged employee from economic activities may lead to lower population participating into economic activities. In fact, they have remarkably contributed to the economic growth of Korea over last four decades. If the aged are not properly employed, welfare budget will increase along with lower general labor productivity than now so that national development will remain at standstill. Accordingly, we have to make proactive efforts to enhance the employment of the aged. Methodologically, it is required to approach the employment of the aged in the level of alternative policy for relieving national and social sustenance expenses and overcoming lack of labor manpower, beyond existing social benefit level. For these purports, this study focuses on outlining basic characteristics of labor market for the aged in Korea and examining legal and political challenges in terms of labor market for the aged.

입주자대표회의의 노동법적 지위 - 아파트관리업무종사근로자의 법적보호검토를 중심으로 -

고준기 ( Zoon Ki Ko ) 한국지역발전학회 2001 지역발전연구 Vol.1 No.-