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근로자 개인정보 처리의 정당성 요건과 한계–종속성의 관점에서
양승엽 노동법이론실무학회 2016 노동법포럼 Vol.- No.18
“Personal Information Protection Act”(PIPA), a general law for personal date protection, guarantee the free exchange as well as the protection of the personal data. That clears the PIPA’s characteristics as the private law. If the personal information manager obtain the consent of the subject of information, the manager can process the personal information unconstrainedly, and The PIPA can admit the employer to process the worker’s personal data including providing a third person and using for any purpose other than intended ones, so long as he gets the worker’s consent. So, the worker’s consent in the PIPA functions as the master-key to obtain the legitimacy to process the personal data. But, due to the worker’s subordination to the employer, the real intention of workers as the subject of information is suspected. Furthermore, the PIPA article 15 (1) 6 should allow the personal information manager, without the consent of the subject of information, to process the personal data, if the manager demonstrate his legitimate interests which is limited to cases. Thus the employer not given the worker’s consent can assert his right to obtain the worker’s personal data for his legitimate interest in the facilities and human resources management. The PIPA has a few blind spot. For example, the PIPA does not have any provisions of the biometrics. The employers use the worker’s biometrics for the facilities security and worker’s job description. The biometrics remain unchanged worker’s whole life, so if the biometrics abused, the damages are incalculable. The PIPA article 23 enacts a provision of the sensitive information (thought, beliefs, health information, etc.). The biometrics should be interpreted analogically as a sort of health information regulated so that it can regulated in the PIPA. Recently, the employer use the GPS and the electronic tag to trace the worker’s location data. The personal location data is regulated in “Act on the Protection, Use, etc., of Location Information”, but this act does not consider the unbalanced relationship of the employer and the worker, so the employer given the worker’s consent can get the worker’s location data freely. The person who has the other party’s information rules those who can’t. If those who can’t is the worker, along with the subordination to the employer, he suffers from the double power-imbalance. To overcome the double imbalance, firstly, the regulations of processing the worker’s personal data should be established in the PIPA. As a role model, the German personal data protection act is in the process of revision, which tries to insert the worker’s data protection part in the act. When the PIPA is changed, the scope of individual object should be expanded. The current law regulates the workers who offer his service to the employers, but the job-seeker, retiree, and contract laborers have to be included. Moreover, in the illegal processing of the worker’s personal data, the workers should have the right of veto and immunity. Secondly, to secure the truth of worker’s consent, in other words, to obtain the equal standing between the employer and the worker, the group decision of the labor-management representatives substitutes for the worker’s individual consent of processing his personal data. For that, the workers can entrust the representative such as the labour union representative with the right of agreement on processing. Finally, on interpreting the legislation concerned on personal data protection containing the PIPA, the regulations should be construed in the principle of being involved in the occupation and of proportion. The principle of being involved in the occupation is relevant to interpret the employer’s legitimate interests on the processing the worker’s personal data, and if the employer’s processing of the worker’s personal data is proved to be involved in the occupation, in addition, the proport...
고지방식이 마우스 비만모델에서 인제청금단에 의한 체중감량과 혈중 지질대사의 개선효과
양승엽,이희영,이혜림,김병출,박순일,안예지,오재호,임혜숙,윤미정,신순식,Yang, Seung-Yeob,Lee, Hee-Young,Lee, Hye-Rim,Kim, Byoung-Chul,Park, Soon-Ill,Ahn, Ye-Ji,Oh, Jae-Ho,Lim, Hye-Sook,Yoon, Mi-Chung,Shin, Soon-Shik 대한한의학방제학회 2012 大韓韓醫學方劑學會誌 Vol.20 No.1
Objectives : We investigated the effects of Ingecheonggeumdan(ICD) on body weight and examined whether blood lipid levels and visceral fat are inhibited by it in high fat diet-fed obese male mice. Methods : 8 weeks old, high fat diet-fed obese male mice were divided into 6 groups: C57BL/6N normal, control, ICD-1(150mg/kg), ICD-2(300mg/kg), ICD-3(600mg/kg) and orlistat(10mg/kg). After mice were treated with ICD and orlistat for 8 weeks, we measured body weight gain, food intake, feeding efficiency ratio, fat weight, plasma leptin and lipid levels. We also performed histological analysis for liver and fat on the mice. Results : Compared with controls, ICD and orlistat-treated mice had lower body weight gain and adipose tissue weight, the magnitudes of which were prominent in ICD-3. Compared with controls, ICD and orlistat-treated mice had lower blood leptin levels, the magnitude of which was prominent in ICD-3. Compared with controls, ICD and orlistat-treated mice had higher blood HDL-cholesterol and lower blood plasma LDL-cholesterol, free fatty acid and triglyceride levels, the magnitudes of which were prominent in ICD-3. Blood plasma AST and ALT concentrations were not changed by ICD and orlistat, indicating ICD and orlistat do not show any toxic effects. Consistent with their effects on body weight gain, the size of adipocytes and hepatic lipid accumulation were significantly decreased by ICD and orlistat. Conclusions : These results demonstrate that ICD and orlistat effectively reduce body weight gain, blood plasma LDL-cholesterol, free fatty acid and triglyceride levels and improves abdominal fat, the magnitudes of which were prominent in ICD-3.
양승엽 한국노동법학회 2019 노동법학 Vol.0 No.69
헌법 제31조 제4항의 기본권으로서 대학의 자율성은 연구와 교육의 내용, 방법과 대상, 교과과정의 편성뿐만 아니라, 학생의 선발과 전형 및 교원의 임면에 관한 사항도 자율의 범위에 속하며, 이는 교원의 보수에 관한 사항도 마찬가지이다. 구 고등교육법 제15조 제2항의 교원의 임무는 사립대학 교원의 신입생 모집 활동 등 대학의 입학홍보 업무에 참여하는 것을 금지하는 취지가 아니므로 그 기여도에 따라 보수의 일부를 차등하여 지급하는 것은 허용된다. 학교법인이 대학의 유지 존립을 위해서 소속 교원으로 하여금 신입생 모집 등 입학홍보 업무에 참여하도록 요청하거나, 교원이 이러한 요청에 부응하여 입학홍보 업무에 참여하는 것은 교원 본연의 임무와 직간접적으로 관련되어 있을 뿐만 아니라, 본연의 임무를 수행하기 위하여 불가피하게 수반되는 부수적인 업무에 포함될 수 있다.