언택트・디지털 사회로의 전환에 따른 노동자의 법적 지위에 관한 헌법상 연구

권수진 사단법인 한국법이론실무학회 2024 법률실무연구 Vol.12 No.2

디지털 사회로의 전환은 새로운 유형의 일자리와 노동시장의 변화를 가져왔다. 새로운 노동시장으로 플랫폼노동은 앞으로도 다양한 형태로 분화되고 증가할 것으로 예상된다. 최근 EU 집행위원회는 ‘플랫폼 노동 지침(Platform Work Directive)’ 지침은 플랫폼을 통해 일을 하는 자를 ‘노동자’로 추정하고, 이들에게 유급휴가와 실업수당, 최저임금 등을 보장해 노동 여건을 개선하는 것을 목표로 한다. 플랫폼노동의 증대와 이에 따른 플랫폼노동자의 법적 지위를 규정하는 세계적 흐름에 맞추어 우리나라도 플랫폼 종사자들을 제도권 내에서 보호 할 수 있는 방안을 지속적으로 모색할 필요성이 있다. 현행 우리나라의 노동법 체계는 이러한 특수한 형태의 노동을 보호할 규범적 근거가를 마련하여야 한다. 임금 노동자와 비노동자를 구분하여 임금 노동자를 보호하는 것을 원칙으로 하고 있기 때문이다. 헌법재판소 역시 노동자의 개념은 임금생활자로 한정하여 임금노동자가 아니면서 비노동자라고 볼 수 없는 중간영역에 있는 노동자를 인정하지 않고 있다. 이러한 문제를 해결하기 위해 본 논문은 중간영역을 포괄하는 방안으로 헌법상 근로의 권리를 넓게 이해하는 방안을 제시하고자 한다. 변화하는 헌법현실과 노동을 둘러싼 관계의 변화를 고려할 때 기존의 헌법 제32조의 ‘근로’에 디지털 플랫폼 노동를 포함시키고 헌법 제32조 제1항 제2문 그리고 같은 법 제33조에 명시된 ‘근로자’의 개념을 「근로기준법」 등 노동법상 노동자에 한정하지 않고 플랫폼 노동자를 포함하는 해석을 하여야 한다. 이를 위하여 현재 국회에 발의된 개정법률안과 사회 각계 각층의 논의를 거쳐 플랫폼 노동자의 법적 지위를 확정하는 노력이 필요하다. The transition to a digital society has brought about new types of jobs and changes in the labor market. The spread of platform labor can bring new opportunities, but it can also lead to unfairness and inequality. As a new labor market, platform labor is expected to continue to differentiate and increase into various forms. Recently, the European Commission's 'Platform Work Directive' presumes that people who work through platforms are 'workers' and aims to improve working conditions by guaranteeing them paid leave, unemployment allowance, and minimum wage. Aim. In line with the global trend of defining the legal status of platform workers and the increase in platform labor, there is a need for Korea to continue to seek ways to protect platform workers within the institutional system. Our country's current labor law system must provide a normative basis to protect this special type of labor. This is because the principle is to protect wage workers by distinguishing between wage workers and non-workers. The Constitutional Court also limits the concept of worker to wage earners and does not recognize workers in the middle area, who are neither wage workers nor non-workers. In order to solve this problem, this paper seeks to propose a way to broadly understand the constitutional right to work as a way to encompass the middle area. Considering the changing constitutional reality and changes in the relationship surrounding labor, digital platform labor should be included in 'work' in Article 32 of the existing Constitution, and the definition of 'worker' specified in Article 32, Paragraph 1, Sentence 2 of the Constitution and Article 33 of the same Act will be included. The concept should not be limited to workers under labor laws such as the Labor Standards Act, but should be interpreted to include platform workers. Considering the changing constitutional reality and changes in the relationship surrounding labor, digital platform labor should be included in 'work' in Article 32 of the existing Constitution, and the definition of 'worker' specified in Article 32, Paragraph 1, Sentence 2 of the Constitution and Article 33 of the same Act will be included. The concept should not be limited to workers under labor laws such as the Labor Standards Act, but should be interpreted to include platform workers. To this end, efforts are needed to confirm the legal status of platform workers through revised laws currently proposed in the National Assembly and discussions across all walks of life.

정신질환 소년원생의 현황 및 처우방안

권수진 한국소년정책학회 2018 少年保護硏究 Vol.31 No.3

In recent years, the percentage of juveniles with mental disorders in juvenile reformatories have been increasing to the extent that one forth of protected juveniles are found to have mental disorders or developmental disabilities. The increase in the number of protected juveniles with mental problems has raised concern that mental disorders can be a cause of accidents in reformatories, including violence among juveniles and self-injury. Also, considering that a major purpose of the juvenile reformatory is to protect and rehabilitate juvenile offenders, it is crucial to provide effective treatment to protected juveniles with mental disorders. Against this backdrop, this study aims to make suggestions to improve the treatment of protected juveniles with mental disorders by examining the current state of the juvenile reformatory in terms of the provision of medical care and rehabilitation. For this purpose, the study conducted a survey of staffs who work at the Juvenile Classification Review Board and juvenile reformatories. Also, this study conducted interviews of teaching staff and medical staff of juvenile reformatories concerning possible improvement measures for the effective treatment of mentally disordered juveniles under detention. The survey and interviews were designed to identify major problems and to obtain opinions of reformatory staff regarding the treatment of juveniles with mental disorders. Especially, the questions delved into the issues of how to make dispositions for medical care and by what standards; of how to improve the medical care of mentally disordered juveniles in general reformatories; and of how to operate a facility for medical protection of juveniles. The results of the staff survey show wide consensus among teaching and medical staff that there is an urgent need of increasing medical and rehabilitative care for protected juveniles with mental disorders or developmental disabilities. Also, in order to improve the effectiveness of medical care, it was pointed out that reliable standards for classifying juveniles should be established to provide individualized medical care. In addition, a large number of respondents and interviewees pointed out that one of the most pressing issues was the shortage of medical staff, especially full-time psychiatrists and clinical counselors at reformatories. The establishment of a new juvenile medical care and protection institution is suggested as a possible solution to the issues mentioned above. In addition, this study concludes with a set of suggestions on how to improve the effectiveness of the treatment of mentally disordered juveniles. First, the results of the survey and interviews show that the improvement of the physical environment at the reformatories can contribute to mitigating the issues of mental disorders. Second, it was repeatedly pointed out that there was an urgent need to increase the personnel in charge of rehabilitation and medical care, especially psychiatrists and clinical counselors. Third, in addition to the establishment of a specialized facility for medical protection of juveniles, it needs to facilitate the provision of clinical service for juveniles who stay at the general reformatories. Forth, one of the ways of providing clinical service to protected juveniles is to make use of resources in the community by strengthening cooperation with diverse clinical experts. Lastly, it should be noted that treatment within the reformatory needs to be connected to treatment in the community so that juveniles with mental disorders can be effectively supported in the process of returning to the society. .

Rolling window 기법 적용을 통한 도심 지역 장기측정 결과의 오염원 규명 연구

권수진,Yanfang Chen,윤종철,김화진 한국대기환경학회 2022 한국대기환경학회 학술대회논문집 Vol.2022 No.10

보건계열학과 대학생의 인터넷 중독 영향요인에 관한 연구

권수진,김혜숙,박재성,Kwon, Su Jin,Kim, Hye Sook,Park, Jae Sung 보건의료산업학회 2007 보건의료산업학회지 Vol.1 No.1

The study is designed to compare differences between male and female Internet users in present Internet use conditions, Internet addition, self-respect, and deviation from a health life and analyze and understand factors causing compulsive Internet use. The research is aimed at suggesting basic information to guide a desirable direction for healthy and effective Internet use. The survey of 456 students majoring in public health at some universities in the Pusan-Kyungnam areas was made in November, 2006. The results are as follows: As for general information on those surveyed the number of the males was 50(11.0%) and that of the females was 406(89.0%), which shows an absolute higher ratio of the female respondents. On a question of Internet use frequency 62% of the male students and 44.6% of the female students answered they use the Internet everyday. Also the male respondents' Internet use time was longer. 64.0% of the male students use the Internet for games and entertainment, which were the highest ranked reason. 64.4% of the female students said they use the Internet to check e-mails. To all the questions assessing Internet addiction, the male users' answers implied higher addiction levels, but there wasn't statistically significant difference. However, the statistically outstanding distinction between the two sexes on deviation from a health life is shown in smoking, cheating in a test, obscene video/books, and conflicts with parents. The most answered deviations among the male respondents are smoking, cheating in a test, and obscene video/books, while conflicting with parents is for the female students. On self-respect the survey has found statistical differences in five questionnaire items and the female showed higher levels in all those questions. The male students answered cheating in a test(0.399), conflicts with parents(0.391), and Internet use time(0.242) have significant plus(+) influences on their compulsive internet use, while alcohol(-0.308) has a minus(-) influence. The female students answered self-respect(0.114), alcohol(0.097), obscene video/book (0.218), conflicts with parents (0.243), and Internet use time (0.284) factors have plus(+) effects.

2019년 서울 PM<SUB>1.0</SUB>의 화학조성 특성

권수진,신혜정,임형배,최성득,이상진,이지이 한국대기환경학회 2020 한국대기환경학회 학술대회논문집 Vol.2020 No.10

2P-627 A novel approach for the analysis of membrane process for CO₂ removal from natural gas

권수진,황성원 한국공업화학회 2017 한국공업화학회 연구논문 초록집 Vol.2017 No.0

청소년의 건강행위와 사회적 요인간 상관관계 분석

권수진 韓國學校保健學會 1996 韓國學校保健學會誌 Vol.9 No.1

The aim of this study is to find out the correlations between health behaviours of young people and the relationships with social factors, which can be helpful for the development of health promotion programmes for youths. The main socializing arenas influencing children's development of health and health behaviour are school, peers and parents. In this study, the selected social factors are based on these arenas. And the following seven health-related behaviors were selected:smoking, drinking alcohol, drinking coffee, irregularity of taking main meals, regular exercise, brushing teeth, and use of medicine for nourishment or restoratives. These health behaviours categorized into two groups; health-promotioning and health-damaging behaviours. The results were summarized as follows; Significant positive correlations were found between health damaging behaviours-drinking alcohol, coffee, smoking, irregularity of main meals, drinking alcohol. But, No consistently significant correlations were revealed among health promoting behaviours and between health pormoting and health damaging behaviours. If total group were devided into four groups by gender and grade, these correlations were a little weak. Although such division, the correlations among health damaging behaviours were still significant. The result is also found that health behavious and various social factors were strongly correlated. Particularly, health damaging behaviours showed a consistent correlation with social factors. This consistensy was simillar to the figure of other contries in Europe. In conclusion,, a more comprehensive explanation on health behaviour became possible if the analysis on the correlations were made by dividing health into "health-promotion" and "health-damaging". And the health promotion programmes can be more effective when they focus on the correlation of health behavious and inter-relationships between health behavious and various social factors, rather than focus on individual behavious.

「국방부 유해발굴감식의 성과와 의미 - 최근 사업을 중심으로」에 대한 토론문

권수진 한국고고학회 2020 전국역사학대회 Vol.- No.63

하이브리드 실험영화 <디케이시아> 연구 : 시공간의 해체적 재구성과 재매개를 중심으로

권수진,문재철 영상예술학회 2013 영상예술연구 Vol.23 No.-

본 논문은 실험영화 작가 빌 모리슨(Bill Morrison)의 2002년도 장편 실험영화 <디케이시아(Decasia:The State of Decay)>의 관한 연구로 실험영화의 하이브리드화(Hybridity)를 살펴보았다. 또한 영화적 시공간과 이 미지의 해체, 파편화의 재구성 과정에서 드러나는 매체의 ‘하이브리드(Hybrid)’ 개념에 관해 다루었다. 이를 위 하여 시공간의 해체와 이미지 파편화 과정을 ‘혼돈의 무한 루프’(Infinite-Loop of Chaos)와 ‘비주얼 심포니’ (Visual Symphony)개념을 세워 분석 도구로 사용하였다. <디케이시아>가 의미하고자 하는 ‘혼돈의 무한 루프’는 탄생과 부활의 과정으로 돌아가고자 한다. 영화이미 지의 역사성은 재매개 과정에서 매체의 부패와 부식, 변화하는 물질성, 그 자체를 재발견 하는 과정이 전혀 다 른 예술로 부활할 수 있는 경험을 의미한다. ‘비주얼 심포니’는 마이클 고든의 아방가르드 음악과 변증법적 이 미지의 융합이 일종의 심포니로서, 해체된 이미지의 파편들이 재매개되어 영화 이미지의 시공간성이 ‘없음’으 로 대처되고 실재하지 않음으로 해석되었다. <디케이시아>는 ‘부패의 심포니’와 시청각적으로 조화를 이루고 있으며 실험영화의 하이브리드화를 매체와 역사성의 재매개 관계로 정립 하고 있다. 현대 예술에서의 실험영화는 작가적 조건이 변형되고 관찰자는 작가 로, 구경꾼은 관람객으로 성장한다. <디케이시아>는 ‘창조-죽음-부활’이미지의 변증법적 반복을 보여주며 하이브리드화의 조건을 내포하고 있다. <디케이시아>에 나타난 과거 예술의 재매개 가능성은 매체를 구분하 지 않고 매체간의 경계를 소멸시키는 특징을 나타내는 것으로 관찰되었다. 본 논문은 <디케이시아>의 하이브리드성 분석을 통해 실험영화의 하이브리드화가 현대 예술의 창작유형으로 서 의미를 찾고 실험영화 연구의 확장으로 다양한 이론적 연구 분석의 가능성을 살펴보았다. This article analysis Bill Morrison’s hybrid experimental film, Decasia:The State of Decay(2002). Morrison’ s found-footage experimental film Decasia is visually visceral images of decaying materials merged with Michael Gordon’s Avant-Garde music, ‘Symphony of Decay’. The purpose of this article is to understand how cinematic time and space are being mutated through out the original film’s decay and the use of collage techniques to create the Hybrid conditions:‘Infinite-Loop of Chaos’ and ‘Visual-Symphony’. As for the contemporary art, Bill Morrison is a hybrid experimental artist. He utilizes different mediums, such as found-footage films and avant-garde music, together to remediate history and nostalgic sense of medium to create new space-time. The ‘Infinite loop of chaos’ represents the relations between man and nature. In that relations ‘birth’ and ‘death’ of the cinematic image co-exists together and by mutating them with music together, the cinematic material becomes a visual art. The ‘Visual Symphony’ merged avant- garde music and dialectic images of Decasia to give sense of time flow when cinematic space was replaced by decaying images as ‘null’ or ‘non-exists’. The Avant-Garde music composer Michael Gordon’s ‘Symphony of Decay’ exists to ensemble with Morrison’s Decasia with unusual rhythmic balance to create Birth-Death-Rebirth process by deconstructing pre-existing aged films. The decaying images symbolizes different metaphors from birth to death and the apocalypse of rebirth process through remediation and recomposition with Gordon’s Avant -Garde music. Also, mixing decayed images with Avant-Garde music allows the Decasia to emphasize its hybridity of the filmic medium as it opens the new environment for creative conditions. This article approaches different metaphorical images to understand how space-time works when hybrid conditions, ‘infinite loop of chaos’ and ‘visual symphony’, remediates filmic materials along with Gordon’s Avant-Garde music. This analysis tried to expand different methods for theoretical interpretation of the experimental films in general theory of film through Decasia and to find a new form of art in comtemporary art in hybridized conditions of experimental filmmaking.

One Versus Up-to-5 Lesion Measurements for Response Assessment by PERCIST in Patients with Lung Cancer

권수진,오주현,유이령 대한핵의학회 2021 핵의학 분자영상 Vol.55 No.3

Purpose The optimal number of lesions to measure for response assessment from fluorine-18 fluorodeoxyglucose (18F-FDG) positron emission tomography (PET)/computed tomography (CT) is not validated for lung cancer. We compared 1 lesion and up-to-5 lesion measurements for response assessment in lung cancer per PET Response Criteria in Solid Tumors (PERCIST). Methods Patients with lung cancer with pre- and post-treatment PET/CT images were included. The standard uptake value corrected for lean body mass ( SULpeak) of up-to-5 hottest target lesions was measured at each time point. The percent changes of SULpeak of the single hottest lesion and the sum of up-to-5 hottest lesions were computed. Pearson correlation coefficient evaluated the strength of association between the percent changes of SULpeak values from the 1 lesion and up-to-5 lesion analyses. Response categories were complete metabolic response (CMR) with no perceptible lesion; partial metabolic response (PMR), stable metabolic disease (SMD), or progressive metabolic disease (PMD) using the threshold of 30% and 0.8 unit change in SULpeak; and unequivocal new lesion meant PMD. The concordance for response categorization was assessed by kappa statistics. Results A total of 40 patients (25 non-small cell lung cancer; 15 small cell lung cancer) were analyzed, all with 18F-FDGavid lung cancer. Average of 3 target lesions were measured for up-to-5 lesion analysis. Pearson’s r was 0.74 (P < 0.001) and increased to 0.96 (P < 0.001) when two outliers were excluded. Response categorization with 1 lesion and up-to-5 lesion analyses was concordant in 37 patients (92.5%, weighted kappa = 0.89). Conclusion Analyzing 1 lesion and up-to-5 lesions for response assessment by PERCIST showed high concordance in patients with lung cancer.