교섭창구단일화와 관련된 노동위원회 분쟁의 현황과 평가(Ⅰ) - 공정대표의무 위반을 중심으로 -

전형배,강선희,김용진 노동법이론실무학회 2015 정기학술대회 Vol.2015 No.01

노동관계소송에서 신의칙과 권리남용금지

전형배 대한변호사협회 2015 人權과 正義 : 大韓辯護士協會誌 Vol.- No.451

Trust and good faith, and no abuse of right are basic principles used in civil litigations to solve the disputes fairly. Recognizing this importance of the principles, academic circles have been studying on the theoretical integrity and practitioners are also trying to clarify the meaning and limit of the principles. This paper analyzes the significant courts’ decisions concerning the principles with the academic comments. This analysis shows that the courts mostly decide the cases with equity, but in some cases they overuse the principles without careful consideration. 신의칙과 권리남용금지는 민사법과 민사소송법 전반의 해석과 적용에 사용되는 원칙으로서다양한 분쟁 유형에서 구체적으로 타당한 결론을 내리기 위하여 자주 이용되고 있다. 이에 따라 그동안 민사법학을 중심으로 신의칙이나 권리남용금지 원칙의 적용 요건이나 효력 그리고 적용의 한계에관하여 다양한 연구가 이루어져 왔는데 최근에는 노동사건에서도 신의칙이나 권리남용금지의 원칙이판단의 기초가 되는 사례가 증가하고 있다. 이 글에서는 그동안의 연구 성과를 종합하고 새롭게 조명되어야 할 신의칙이 적용된 노동관계소송의 사례를 발굴하여 대법원 판례 경향을 비판적으로 분석하였다. 이에 따르면, 대부분의 사안에서는 법령의 형식적 적용이 가져올 수 있는 불합리를 해결하기 위하여 신의칙을 유연하게 적용한 것이라고 평가할 수 있지만, 일부 사례에서는 신의칙으로 강행법규의 효력을 배제하는 난제를 남기고 있고, 판결 후 법령 개정으로 향후 신의칙이 아니라 구체적인 법조항의해석으로 분쟁해결이 가능한 사례도 있음을 밝혔다.

주주총회결의 취소와 부존재확인의 소에 관한 판례 법리

전형배 한국경영법률학회 2011 經營法律 Vol.21 No.4

There are four types of corporation actions for revocation or affirming nullity of a general meeting resolution in the Commercial Act. Among them, article 376 action and article 380 action are commonly used in regal practices. The Commercial Act Article 376 provides that if the procedures for the convocation of a resolution are in violation of the relevant acts, subordinate statutes or the articles of incorporation or are remarkably unfair or it the substantivity contents of a resolution are contrary to the articles of incorporation, the shareholders, directors or auditors may file an action or revocation of the resolution, within two months from the date of such resolution. The Commercial Act Article 380 provides that Articles 186 through 188, 190(the main sentence), 191, and 377 shall apply mutatis muntandis to an action for affirming the nullity of a resolution on the grounds that the contents of the resolution adopted at a general meeting are contrary to Acts and subordinate statutes and to an action for affirming the non-existence of a resolution on the grounds that such material defects exist in the procedures for the convocation of a general meeting or in the method of resolution that no resolution of the general meeting is deemed to have been existed. The Supreme Court decides that article 376 action is a kind of constitutive remedy, and article 380 action is a declaration judgement. In spite of this difference, Court decisions don't emphasize the material discrepancy between them, permitting shifting article 376 action to article 380 action, vice versa. This study shows the practical selection criteria between those two actions, analyzing the Court precedents.

다중 클래스 이상치 탐지를 위한 계층 CNN의 효과적인 클래스 분할 방법

김지현(Jee-Hyun Kim),이세영(Seyoung Lee),김예림(Yerim Kim),안서영(Seo-Yeong Ahn),박새롬(Saerom Park) 한국컴퓨터정보학회 2022 한국컴퓨터정보학회 학술발표논문집 Vol.30 No.2

신뢰도 벡터 기반의 다단계 음성인식

전형배,황규웅,정훈,김승희,박준,이윤근,Jeon, Hyung-Bae,Hwang, Kyu-Woong,Chung, Hoon,Kim, Seung-Hi,Park, Jun,Lee, Yun-Keun 대한음성학회 2007 말소리 Vol.63 No.-

In this paper, we propose a use of confidence vector as an intermediate input feature for multi-stage based speech recognition architecture to improve recognition accuracy. A multi-stage speech recognition structure is introduced as a method to reduce the computational complexity of the decoding procedure and then accomplish faster speech recognition. Conventional multi-stage speech recognition is usually composed of three stages, acoustic search, lexical search, and acoustic re-scoring. In this paper, we focus on improving the accuracy of the lexical decoding by introducing a confidence vector as an input feature instead of phoneme which was used typically. We take experimental results on 220K Korean Point-of-Interest (POI) domain and the experimental results show that the proposed method contributes on improving accuracy.

외국인근로자의 노동인권

전형배 한국비교노동법학회 2010 노동법논총 Vol.18 No.-

Approximately 213 million individuals or 3.1% of the world's population currently reside in a country other than where they were born. According to ILO statistics, about 40 million persons are working as migrant workers. In addition, ILO estimates that a 50 million are members of a migrant worker's family. This means that one in every forty or fifty persons is a migrant. In case of Korea, there are about 550,000 migrant workers, which occupy 2% of economically active population. 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. This article approaches these problems from the human rights' (in employment) point of view. This view point can analyze the human rights of migrants with the aspects below - individual rights, collective rights, social security rights, and rights to migrant worker's family. 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. Second, host state has to guarantee the initial period of one working year which is provided for in the law concerned as a basic employment contract term. Third, migrant worker should have the rights to unemployment insurance, which is linked to the period of stable residency. Fourth, to secure migrant workers' right to equal pay for the equal value work, systemic and careful job evaluation should be set up. Fifth, there should be strict restriction on the employers who conduct human rights abuse repeatedly. Sixth, migrant workers in irregular condition have the collective rights to assemble, so that state should get rid of any obstacles to it. Last, careful access is needed when dealing with the accompanying family members who require much more social consideration and support.

양돈장의 환기에 대하여

전형배,Jeon, Hyeong-Bae 대한수의사회 2011 대한수의사회지 Vol.47 No.11

Language Model Adaptation Based on Topic Probability of Latent Dirichlet Allocation

전형배,이수영 한국전자통신연구원 2016 ETRI Journal Vol.38 No.3

Two new methods are proposed for an unsupervised adaptation of a language model (LM) with a single sentence for automatic transcription tasks. At the training phase, training documents are clustered by a method known as Latent Dirichlet allocation (LDA), and then a domain-specific LM is trained for each cluster. At the test phase, an adapted LM is presented as a linear mixture of the now trained domain-specific LMs. Unlike previous adaptation methods, the proposed methods fully utilize a trained LDA model for the estimation of weight values, which are then to be assigned to the now trained domain-specific LMs; therefore, the clustering and weight-estimation algorithms of the trained LDA model are reliable. For the continuous speech recognition benchmark tests, the proposed methods outperform other unsupervised LM adaptation methods based on latent semantic analysis, non-negative matrix factorization, and LDA with n-gram counting.

제언 - 「산업안전보건법」 전부개정과 감독행정의 혁신

전형배,Jeon, Hyeong-Bae 대한산업보건협회 2019 산업보건 Vol.380 No.-

AI 기반 교육 현황과 기술 동향

전형배,정훈,강병옥,이윤경,Jeon, H.B.,Chung, H.,Kang, B.O.,Lee, Y.K. 한국전자통신연구원 2021 전자통신동향분석 Vol.36 No.1

Artificial intelligence (AI) will have a huge impact on future education. We look at the role of AI in education and changes in schools. Personalized education is being attempted in limited services, and an interactive tutor service with speech recognition/dialog technology is being developed. In the future, we look forward to fully personalized education for individual students through AI teachers. Teachers are expected to make more effort to teach creative thinking, critical thinking, communication, and collaboration. As the speed of development of AI technology accelerates, we expect that AI-based education will be deeply established around us in the near future. We first introduce the details of the personalization technology and then discuss the AI-based foreign language speaking education research conducted by ETRI.