인도 부당노동행위제도

김교숙 釜山外國語大學校 比較法硏究所 2004 比較法學 Vol.15 No.-

30 years have passed since Korea normalized with India. Today India is related closely with Korea to the extent of exceeding China at economic side. Therefore this paper studies India’ s labour law, especially the Unfair Labour Practices. The characteristics of unfair labour practices in India are as followings; ① non-provision of guarantee of worker’s basic rights in Constitution Law, ② the continuity of unfair labour practices, ③ the registration of trade union, ④ unfair labour practices on the part of workmen and trade unions of workmen, ⑤ judicial remedy process etc. The Indian Trade Unions Act,1926 was accordingly amended by the The Indian Trade Unions(Amendment) Act,1947(Act No.XLV of 1947). Certain acts are specified in the Act as unfair labour practice. Provision has been made enabling withdrawal of recognition of a registered trade union, when an unfair labour practice is committed by the executive or members of a registered trade union, or where a trade union has ceased to be a representative trade union or failed to submit any return prescribed under the Act. An unfair labour practice on the part of the employer has been made an offence punishable with fine. The Indian Trade Unions(Amendment} Act, 1947 and the Industrial Disputes Act, 1947 prescribe unfair labour practice on the part of the employer and trade unions of employers as well as on the part of workmen and trades unions of workmen. At the state level, the recognition of trade union is contained in Bombay Industrial Relations Act, 1946 and Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 provides for the recognition of trade unions for facilitating collective bargaining for certain undertakings and defines and provides for prevention of certain unfair labour practices. Conclusively speaking, this paper suggests that our labor law should more concretely prescribe unfair labour practice on the part of the employer by studying unfair labour þractice on the part of the employer in India.

WTO體制와 韓·中國 勞動法의 展望

김교숙 釜山外國語大學校 比較法硏究所 2000 比較法學 Vol.11 No.-

독일의 근로자 경영참가제도

김교숙 釜山外國語大學校 比較法硏究所 2012 比較法學 Vol.23 No.-

The Workers' Management Participation System in Germany Kim, Gyo-sook The Industrial Democracy is achieved not by the compulsory legislation but by the cooperation between employers and employees through workers' management participation. The bona fide cooperation between employers and employees should be conditioned on the base of the position of the equal party between employers and employees. Germany enacted the workers' management participation systems earlier than other countries and enforced them through various forms completely. So this paper takes workers' management participation in German into consideration which would effect Korean workers' management participation system. This paper consists of as followings; Ⅰ. Prelude Ⅱ. The History of Workers' Management Participation Systems Ⅲ. The German Workers' Management Participation Systems 1. Montan-Mitbestimmungsgesetz 2. Betriebsverfassungsgesetz 3. Mitbestimmungsgesetz 4. Sprecherausschuessgesetz Ⅴ. Conclude No Democracy Without Communication, No Communication Without Participation. Key Words : Industrial Democracy, Workers' Management Participation, true cooperation between employers and employees. Montan- Mitbestimmungsgesetz, Betriebsverfassungsgesetz, Mitbestimmungsgesetz, Sprecherausschuessgesetz

中國工傷補(賠) 償法賠制度

金敎淑,刘红波 釜山外國語大學校 比較法硏究所 2010 比較法學 Vol.21 No.-

Industrial Accident, the inevitable outcome of industrial society in modern times, are still unavoidable and frequent occurrence of social problems in modern society. It is not only related to the workers to protect themselves and the guarantee of their happy family life, but also related to social stability and national economic development. Therefore, how to set up a reasonable compensation system for industrial accident, the full and effective protection of workers’ safety and health, has become the focus of research on the subject of the law circles. This motivated me to dedicate myself to the study of the industrial injury compensation system in China. China, as the new nation members joining the rank of the establishment of the industrial accident compensation legal system, promulgated the industrial accident insurance regulations in 2003, which established the social insurance compensation system of industrial accident. However, there are still many problems in the industrial injury insurance system according to the president practice situation. In this paper, we consider the existing industrial injury compensation system as the main object of study, and make an analysis and the related advice of how to make improvement on the potential problems on industrial injury recognition and the range of compensation, etc. The first part, we make a brief overview of industrial injury compensation system in China. The second part describes the significance of industrial injury, and meanwhile analyses the Law’s character of industrial injury compensation system. The third part describes the industrial injury recognition standards and the subsistent problems of the causality of recognition following the existing law in China. Given that China'’s current industrial injury compensation system has no theoretical basis for injury identification, in this paper on the basis of the main function of the injury compensation system is to fill the damages and protect the injured workers and their familys’ life, the author tries to put forward the proper relevance theory with business in the industrial injury recognition in China. The fourth part describes the contents of industrial injury compensation in China. The fifth part points out the ways and the direction of improvement of industrial injury compensation system in China. The last part makes a conclusion of discussed above.

D.H. Lawrence : Sons and Lovers 心理 分析面에서

金敎淑 이화여자대학교 인문과학대학 영어영문학과 1967 Minerva Vol.- No.10

근로자의 건강권

김교숙 한국비교노동법학회 2010 노동법논총 Vol.19 No.-

Everyone hopes to be born, live and die healthfully. But workers are always subjected to the unhealthful conditions by means of the machinery and the chemical industry in the capital production system. Hitherto the labor law has regulated the workers' working conditions or working environment. But I think that worker's right to health to guarantee worker's health and life is more important than workers' working condition or working environment. This paper first of all takes the problems of hitherto labor law which has regulated worker's unhealthful conditions and employer's obligation of taking caring worker into consideration. On a basis of those problems this paper proposes the workers' right to health which the workers guarantee by themselves at the factory system. First, the nation should take an affirmative action to protect workers' right to health on a basis of the Constitution Law sec. 36 ③ and International Covenant on Economic, Social and Cultural Rights sec. 12. Therewith the nation and public authority should not restrain or infringe this right by means of the regulations or public administration actions. Secondly, worker should claim their right to health against their employer as the working condition. The employer should guarantee workers' right to health as follows; ① worker's right to participation in an organization․project and administration related to guarantee worker's health, ② worker's right to prevent the danger of worker's health, ③ worker's right to medical check-up, ④ worker's right to compensation, ⑤ worker's right to health promotion.

産災補償制度의 比較法的 考察

金敎淑 釜山外國語大學校 比較法硏究所 1997 比較法學 Vol.8 No.-

産災補償의 法理論

金敎淑 釜山外國語大學校 比較法硏究所 1994 比較法學 Vol.6 No.-

外國人勤勞者의 勞動法上 課題

金敎淑 釜山外國語大學校 比較法硏究所 1995 比較法學 Vol.7 No.-

중국 노동법제의 형성과 발전

김교숙 부산외국어대학교 비교법연구소 2001 比較法學 Vol.12 No.-