휴일근로에 대한 시간외 근로의 중복 할증 여부에 대한 판례 고찰

조영길,정희선 노동법이론실무학회 2014 노동법포럼 Vol.- No.13

Recently, it is becoming an issue whether each of the additional pay rates for overtime work and holiday work should be separately added to the employee’s normal rate in cases where overtime work and holiday work overlap and such holiday work exceeds the standard working hours specified in the Labor Standards Act (i.e. 40 hours per week). In particular, some of lower courts in Korea are delivering conflicting opinions on this matter and numerous cases are still pending before the Supreme Court awaiting its final decision. However, in the Supreme Court ruling on Kangwon Industry Co., Ltd. case in 1991, the Court found that premium rate for holiday work only shall be applied in cases where holiday working hours are less than eight (8) hours unless they exceed the limit of standard working hours per week, meanwhile each of the additional premium rates for overtime work and holiday work will be added to the overtime working hours only, which exceed eight (8) hours (Supreme Court ruling on March 22, 1991: No. 90Da6545). Since such decision, the Supreme Court have applied this same legal standard in subsequent cases such as Pigeon Case in 1992 (No. 91Da14406) and Hyundai Motors Co., Ltd. Case in 2005 (No. 2004Da41217), and it held in the Pigeon Case that any overtime working hours on a holiday shall not be included in actual working hours, which determines the limit of legal standard working hours per week. We agree and acknowledge the validity of Supreme Court’s decision that holiday working hours will not be included in calculating the limit of legal standard working hours per week and as long as such holiday working hours are less than eight (8) hours, additional allowance will not be paid for overtime work, but only for holiday work, taking into consideration of the following factors: (i) legislative intents of Labor Standards Act and its Enforcement Decree defining “one (1) week” as “mandatory work days”, (ii) at its legislation, legislators have determined that an additional allowance will not be paid for overtime work and holiday work in cases where holiday work after normal work on mandatory work day exceed the limit of legal standard working hours per week ; this clearly indicates that holiday work exceeding fortyeight (48) hours per week will not be considered as overtime work, (iii) long standing practice that additional allowances are not allowed in cases where overtime work and holiday work overlaps, (iv) comparative legal approach that Japan does not allow additional allowances in cases where overtime work and holiday work overlaps and (v) backgrounds of recent bills. The Seoul High Court in its Street Cleaners in Seong-nam City Case have found that ever since the Labor Standard Acts have enacted, in light of the customary labor practices, additional allowance of 50% of ordinary wages will not be paid for overtime work and holiday work, but only for holiday work hours not exceeding eight (8) hours per day even if such holiday work was extended in cases the employee already exceeds the limit of legal standard working hours (Seoul High Court ruling on February 3, 2012: No 2010Na23410). We believe that this decision of lower court is not only consistent with the repeated views of the Supreme Court since 1991, but also is reasonable in terms of legislative intents of the Labor Standards Act and comparative legal approach on this matter. However, there are increasingly large number of decisions from other lower courts that in cases where holiday work and overtime work overlap, an additional allowance shall be paid respectively ; Four (4) out of them were raised by Street Cleaners in Seong-nam, An-yang and Daegu against their respective local governments (Seoul High Court ruling on November 9: No. 2010Na50290 ; Seoul High Court ruling on November 9: No. 2010Na71280 ; Seoul High Court ruling on November 9: No. 2011Na85903 ; Daegu High Court ruling on May 31, 2012: 2011Na4408). We opine that these decisio...

체계적인 로봇윤리의 정립을 위한 로봇 존재론, 특히 로봇의 분류에 관하여

고인석(Ko, In-Sok) 새한철학회 2012 哲學論叢 Vol.70 No.4

로봇윤리를 구체적인 규범의 차원까지 체계화하기 위해서는 그 적용 대상인 로봇이라는 존재 범주에 대한 체계적인 이해, 특히 그것의 적절한 분류학이 필요하다. 이 논문은 이와 같은 요구에 부응하려는 일단의 시도다. 이 논문은 먼저 로봇의 분류라는 문제의 의미를 음미하고(1절), 분류체계가 일반적으로 갖추어야 할 조건들을 분석한 후에(2절), 로봇윤리 관점의 로봇 분류라는 문제의 특수성을 염두에 두면서 로봇 분류의 가능한 원칙들을 검토한다(3절). 이어 4절에서 필자는 기존의 로봇 분류체계에 해당하는 몇 가지 사례를 2절에서 논한 중첩 금지, 전포괄성, 분류원칙의 체계성 등의 관점에서 검토, 평가함으로써 이 논문의 문제의식을 충족시키는 로봇의 분류체계가 아직 만들어져야 할 과제라는 사실을 확인하고, 5절에서 합리적인 로봇의 분류체계를 구성하는 데 적용할 만한 분석의 두 차원을 제시한다. 로봇은 인간의 도구지만 특정한 방식으로 제한된 수준의 자율성을 구현할 수 있는 도구라는 점에서 여느 인공물과 다른 고유의 지위를 지니며, 인간과 개인적, 사회적 차원에서 상호작용하는 존재자의 특성을 지닌다. 이런 까닭에, 로봇윤리와 유관한 로봇의 분류는 이와 같은 인간-로봇 상호작용(HRI)의 특성을 분석의 주된 축으로 삼아야 할 것이다. 그리고 이 분석은 로봇시스템이 구현하는 인공지능의 양상에 대한 분석과 인간-로봇 상호작용의 구조에 대한 분석의 합으로 구성될 것이다. In order to get a practical system of roboethics up to its details we need a systematic ontology of robotic beings, especially a reasonable taxonomy of them. This paper looks into some basic questions on the taxonomy of robotic beings by discussing qualifying conditions of a taxonomy in general and some unique aspects of the classification of artifacts. No-overlap, exhaustiveness, and consistency are analyzed to be essential conditions for an effective classification. It reviews then several examples of robot taxonomy from this evaluative viewpoint. None of the examined examples proves to satisfy all three basic conditions. The paper investigates some peculiar difficulties of robot classification which were the background of the unsatisfactoriness of the given examples, then proceeds to suggest a set of basic classificatory principles for systematics of robotic beings. Considering the target, to provide systematic ontological foundation of roboethics, the mode of human-robot interaction(HRI) should be the core taxonomic principle. The analysis of HRI in this respect includes inquiry of the artificial intelligence realized by the robotic system and that of the structure of HRI.

石顚의 戒律觀과 『戒學約詮』

정광균 한국불교학회 2014 韓國佛敎學 Vol.70 No.-

Seokjeon features of the precepts tube can be summarized in twoways. The first, three studies one source through 『Gyehaksummarized』is the overall idea was devoted to education in terms of the Sangha. Second, 『beommanggyeong』 and 『remained the most popular of thescriptures』, the teachings of man rally confirmation socialized to seekenlightenment through the practice of the public were rehabilitated. The『scriptures also a big one comment』 and 『muoesamjangseonyoe』, suchas 『neungeomgyeong』 through the secret teachings of the scriptures andmeditation secrets meditation performed precepts served pursuing thethree studies with the rows evenly that result in an ever masteredgyeomhak investigated. Then the characteristics of 『Gyehaksummarized』 the precepts ofTheravada scriptures and meditation techniques shows the identity of theadenoma. It was just the observance of the precepts of the Order and forthe social highlight of clean and then immediately realized the mercy ofthe church and society to make an honest intention was to acknowledgethat. The characteristics of these 『Gyehaksummarized』 is a collection ofall the traffic passing through the absorption in the pursuit of completeunderstanding, and at the same time to ensure the identity of the smoothand harmonious teaching gyehak of a monastic education and raisingcommunity awareness to realize the reality for be trying to implement thePure Land were investigated. Finally, the significance of 『Gyehaksummarized』 people aretraining in China and resulted in acid yuljong traditions and preceptsof ancient Korea and the magnetic field yulsa Nishiyama from jinpyoyulsa handed adjourned and resulted in cheers seosang Jian preceptswhile inheriting the traditional based one Buddhism was orientedcommunicate together no jams one. Moreover, in modern languageseokjeon on the 『Gyehaksummarized』 revealed a brief Buddhistcommunicate together one won the significance of the three studiesperformed with the three-door clean Sangha talented and enlightenedspirit of the move to put a focus on socialization. Through which anindividual's morality helping others clean place with a core ofMahayana Dharma for the realization of social awareness that wasinvestigated. Discussion as above, we are a modern way to go and the future ofBuddhism in Korea three overlapping crane must learn morality throughpersonal enlightenment causal body with whom to form a goodunderstanding of society to realize even further that morality is undeniablethat over the can not. So we precepts seokjeon example of a smooth andflexible teaching meditation, meditation precepts, meditation Secret SchoolKorea through a secret talented performing individuals, while maintainingthe traditional Buddhist view and the nature of enlightenment with theBuddha to achieve the required strength of the socialization shall beconsidered.

아연도금강판 겹치기 용접부에 대한 2패스 레이저용접 적용성 연구

안영남(Young-Nam Ahn),강민정(Minjung Kang),김철희(Cheolhee Kim) 대한용접·접합학회 2016 대한용접·접합학회지 Vol.34 No.4

During laser overlap welding of galvanized steel sheets, explosion of weld pool by the high pressure zinc vapor induces weld defects like porosity and blowhole. In this study, laser 2-pass welding was implemented to prevent the weld defects. Through the 1st pass welding, zinc layers on the faying surfaces were removed when proper heat input was applied. Excessive heat input could result in explosion even during the 1st pass welding and insufficient heat input could not remove enough region of zinc layer for the 2nd pass welding. Coating weights of 45 g/㎡ and 60 g/㎡ were considered and for both cases sound welds without weld defects could be achieved. In spite of 2-pass welding, softening of weld and heat affected zone was not observed and Zn coating was not diluted into the weld metal.