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RISS 인기검색어
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- 저자 : 김선수 ( Kim Seon-soo ) (검색결과 14 건)
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김선수(Kim Seon-Soo) 한국노동법학회 2009 노동법학 Vol.0 No.29
Korea has an unique legislative system that Labor Relations Commission, Administrative Commission, takes charge of the adjudication of the labor (rights) dispute case like the case of the application for the wrongful dismissal. The adjudication function of Labor Relations Commission brings about many problems such as an essential limit arising from the fact that Administrative Commission takes charge of the function basically belonging to the judicial action, the confusion owing to dualistic relief procedures, the failure as a quick and cheap solution process of the disputes of rights owing to the operation of the actual 5-trial system and the insufficiency of expertise etc. The plan of the introduction of the Labor Court has been proposed as a way to solve such problems since 2003. However, the Labor Relations Commission Act was amended in the direction to strengthen the authority and functions of Labor Relations Commission. The situations have not been improved even after the amendment of Labor Relations Commission Act. The problems in the composition of Labor Relations Commission are as it used to be such as the members of public interests in charge of adjudication, the standing members and examiners etc. That is, the problems were intensified in the respect of expertise owing to the increase of the members of public interests and the easing of the standard of qualifications, and there remains a doubt in the fairness and neutrality of Labor Relations Commission in that the increased standing members were appointed with ex-high-class officials. The problems in the operation of Labor Relations Commission remain as usual such as the allotment of adjudi cation cases, the matter of the postponement of the date, the matter of the extortion of conciliation, insufficient survey of facts and the matter of examination etc. The problems of the adjudication functions of Labor Relations Commission can be raised as it used to be. It is necessary to recheck the adjudication function of Labor Relations Commission belonging to a judicial action fundamentally including the adjudication function on the case of the application for the wrong dismissal relief system.
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김선수 ( Kim Seon-soo ) 서울대학교 공익인권법센터 2018 공익과 인권 Vol.18 No.-
The Constitution of the Republic of Korea guarantees three labor rights as basic rights, and the 「Labor Union and Labor Relations Adjustment Act('LULRA')」 stipulates the immunity of civil and criminal liability for exercises of the right to collective action. However, labor union leaders have been subject to criminal charges for business obstruction by force for the simple strike, which is a collective refusal to offer labor. As a result, it is assessed that the level of guarantee for labor rights in the Republic of Korea is still in the stage of a ban on the unification in the mid-nineteenth century. In this reality, it can be said that the Korean Railway Workers' Union('KRWU'), through strikes and legal struggles, has expanded the scope of criminal immunity for the right to strike. In 1988, when railway workers were public servants, the Supreme Court ruled that under the Labor Disputes Adjustment Act, the provision banning disputes involving public servants was not applied to virtually working public servants. After the transition to Korea Railroad Corporation('KORAIL'), the railway industry was classified as an essential public utility project, so KRWU virtually blocked its right to strike under the compulsory arbitration system. KRWU reduced the application of business obstruction through strikes, then revised the LRLRA to abolish compulsory arbitration and introduced the required maintenance service system. The Supreme Court unanimous verdict in 2011 on the railway strike in 2006 ruled that a simple strike constitutes a crime of business obstruction only if it meets the requirements of abruptness and seriousness, irrespective of the justifiable requirements under the LULRA. Subsequently, the Supreme Court's ruling on the 2009 strike separated the business obstruction crime from the purpose of the strike. In the 2013 strikes, KRWU leaders were found not guilty of business obstruction from the first to the third trial. Despite the longest strike of 72 days which demanded the abolition of the performance-based pay system in 2016, the public prosecutor did not prosecute KRWU leaders and the railway workers were authorized to strike without being threatened by criminal liability. However, the criminal immunity principles have not yet been fully introduced, and the legal system for expanding criminal exemption has not reached the stage of exemption from civil liability or disciplinary liability. We must move to the full level of civil and criminal immunity from disputes through legislation and interpretation. This article examines the process of the strike of KRWU which widened the scope of criminal immunity.
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경북지역 환돈 유래 Salmonella Typhimurium의 약제내성 유전자 분석
김주형 ( Joo Hyung Kim ),김성국 ( Seong Guk Kim ),김선수 ( Seon Soo Kim ),김정화 ( Jeong Hwa Kim ),박세희 ( Sye Hee Park ),남기후 ( Ki Hu Nam ),김형배 ( Hyoung Bae Kim ) 한국동물위생학회 2013 한국동물위생학회지 (KOJVS) Vol.36 No.2
This study was conducted to investigate antibiotic resistance among Salmonella Typhimurium isolates from diseased pigs in Gyeongbuk province during the period 1998∼2011. One hundred forty one isolates were tested for antibiotic resistance using the standard disk diffusion method and were examined for presence of resistance gene by PCR method. S. Typhimurium showed high drug resistance rates to tetracycline (95.7%), streptomycin (93.6%), ampicillin (86.5%), cephalothin (80.1%), gentamicin (79.4%), and trimethoprim/sulfamethoxazole (72.3%). Resistance gene, blaTEM, blaPSE1, tetA, tetB, tetG, sul1, sul2, aadA, strA, grm, and temA were detected among the antibiotic resistance isolates and temB, tetC, aadB gene were not detected. One hundred twenty one (89.6%) tetA, two (1.5%) tetB and one (0.7%) tetG gene were detected in the 135 tetracycline resistant isolates. Two (1.6%) temA gene were detected in one hundred twenty two ampicillin resistance isolates and temB was not detected.
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