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김성진 한국노동법학회 2021 노동법학 Vol.- No.78
It is considered that the principle of applying a favorable condition by priority is for the case when the lower laws established later are more advantageous to the workers compared to the existing upper norms, not for the case when the existing lower laws are more advantageous to the workers compared to the upper laws established later. This suggestion is based on the following facts: the text structure of Article 4, Paragraph 3 of the Collective Agreement Act of Germany, which is the basis for acknowledging the principle of applying a favorable condition, and the meaning of collective agreements in Germany functioning as the lowest law suggest that the Korean law do not have to follow the German case; in perspective of the lex posterior principle, employment rules that have been changed against workers have more legitimacy than existing labor contract in advantageous of workers, in terms of uniformity of the legal system, possibility that the law will change against the worker, and right to change of worker group; the Supreme Court acknowledged the legal normativeness of the unfavorable modification of employment rules, while regarding the process of unfavorable modification of employment rules as the realization of the principle of equality determination of working conditions. Accordingly, the Supreme Court's ruling, based on the principle of applying a favorable condition by priority, that the existing favorable labor contract should not be replaced by unfavorably changed one even if such change was legal should be corrected. Although the intention of the Supreme Court's such ruling was to protect individual workers from employment rules set unilaterally by employers, such protection should be addressed through a stronger application of the principle of equality decision of working conditions, the setting inherent limits for unfavorable changes of employment rule, or legislation that allows joint decisions between labor and management in determining working conditions. Considering these points together, the principle of applying a favorable condition by priority is, under Korean labor law system, just a product of the combination of the necessity of worker protection and the lex posterior principle, and it is unreasonable, under law theory, to consider it as a general principle of labor law
김성진 한국관광학회 2009 관광학연구 Vol.33 No.7
This study was conducted to develop and suggest the indicators responding to climate change of tourism resource development projects implemented in the public sector. The indicators have been developed through three steps. In the first step, seventy eight preliminary indicators were developed through literature review, case study and legislation investigation. These indicators were extracted through the four tourism resource development processes (location, planning, construction, and management) with two climate change response strategies(mitigation and adaptation). In the second step, the applicability of the indicators extracted in the first stage was analyzed through survey with sixty local tourism development officials. In the third step, eight experts participated in the validity examination of the indicators. Finally, sixty three indicators were developed. These indicators consisted of eight location indicators, thirty eight planning indicators, six construction indicators, and eleven management indicators.
김성진,장병권 한국관광학회 2006 관광학연구 Vol.30 No.6
Vis-a-vis Tourism & Leisure Cities(TLCs) that the government has been promoting since 2005, this paper tries to set up a development model in order to ensure the success of TLCs. Authors review its concept and characteristics, the development models as previously proposed, requisites for successful development, and also investigates the opinions of eighty experts in tourism development, urban planning, and economics. The development model proposed here is an integrated one consisting of various development indicators. In order to promote the efficient development of TLCs authors emphasizes facilitatation of a sound investment environment, to strengthen urban competitiveness, and to stimulate a joint growth between the city and region.핵심용어(Key words):기업도시(Company City), 관광레저도시(Tourism & Leisure City), 개발모형(Development Model)