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      • KCI등재

        미등록외국인근로자의 문제점과 해결방안

        노재철 한국비교노동법학회 2010 노동법논총 Vol.18 No.-

        In this research, I have found the fact of the undocumented foreign workers, then I tried to find indirect solution for looking the problem they faced and this violations. I have classified that problem they faced by abusing in problem and solution for the undocumented foreign worker. Typical issues are that working condition, wages, medical problem, violence and human right issue, and industrial accident. And I can divide legal plans and policy proposals in the solution. At first the plan of legal relations regardless of their stay qualification and labor’s three primary right guaranteed by the National Labor Relations (NLR) have to be applied in working field. In the social security law on social insurance for foreign worker, the related regulations of following mutualism rule should be checked. In the provision on protection of “emigration and the immigration control system”, compulsory arrest of undocumented foreign was criticized to severely. Also, compulsory deportation order should not be done until the procedure on formal objection against deportation order is done. As regulations of excessive politic activity are factor that violate freedom of expression, we need to compensate. In supporting details of immigration control law, the professional accreditation system about emigration and immigration administration should be enforced. As the employment policy for foreign worker, a short term cycle system should be switched to a long cycle. A short system cannot be an effective method to prohibit foreign worker’s domicile according to the case of Germany. In Germany, there is an over five year stay or limitless stay because of the unnecessary training expenses and incidental costs for foreign workers. In addition, the employment license system should be changed to labor license system which can be guaranteed freedom of transferring establishments. The undocumented foreign workers need remission system and legal social position. Foreign worker policy was changed gradually in the passage of time. If this kind of policy timely to accept, it is possible to solve unregistered problem gradually.

      • SCIESCOPUSKCI등재
      • KCI등재

        주요국 노인복지관련법의 비교법적 검토

        노재철 단국대학교법학연구소 2013 법학논총 Vol.37 No.2

        Legislation policy of welfare for the aged by population aging is becoming important problem. This study reserched that Germany, Japan, France examine how responded welfare for the aged by Corresponding countermeasures by law and would like to derive problems on legislation policy and reflect to our country welfare act for the aged. Welfare legislation act for the aged have close connection with each country in society?politics?economy?culture. Because the traditional cultural custom and systematic difference in every country differs, there is limit to objectively compare welfare act for the aged of every country. Basically, France and Germany do active policy intervention of the country with welfare legislation on social security, but our country and Japan are principally the responsibility with family and individual. Every country have the restriction on welfare cost for the aged. In the case of public assistance, we have experienced that general welfare policy brought the results finance aggravation in some European country, therefore we must base on selective welfare policy. Public pension need to improve system based on intergenerational dependent elements with strong element in the generation of pay-as-you-go. Welfare system for the aged of our country is low in the level of comprehensive benefit than advanced nation and limited in the target. Welfare act for the aged have to be effective in a manner that problems of the aged recognize distinctively and compose new rights, and be expanded step-by-step in a variety of aspects. That is, there are the need of enlargement enforcement for housing welfare, medical treatment welfare, education welfare for the aged, funeral ceremonies welfare, furtherance of living environments for the aged etc. For example, Korea should be considered for the introduction of the introduction of Japan's "Act to secure stable residence for the aged", "Act to secure the health for the aged", "Act of medical treatment security for the aged", "ct on elder abuse prevention and support for elderly dependents" etc. And our country need the legislation policy for connection jobs policy and pension policy. And our country be considered "Growth and Employment Promotion Act" for the educational welfare of the aged in Germany, "adult guardianship system" for the living environment of the aged, "Act on the promotion of physical disability, such as facilitation of travel by public transport for the aged", in Japan etc. And to expand social welfare to grave by sequence of life, our country be considered the "cemetery and cemetery management Act", "property management Act for the aged", "replacement or complementary of property Act for the aged" in Germany, etc.

      • SCIESCOPUSKCI등재

        테트라에톡실란의 졸-겔 전이중 구조생성

        노재철,정인재 한국유변학회 1990 Korea-Australia rheology journal Vol.2 No.1

        물량 및 촉매를 변화시키며 TEOS 용액에 대하여 점도를 측정하였다. 염기성 촉매 를 사용한 TEOS 용액은 구형 입자를 갖는 것으로 나타났다. 적은 초기 물량과 산성 촉매 를 사용한 TEOS 용액은 환원 점도의 실험결과로 미루어 선형의 고분자를 갖고 있는 것으 로 보인다. 반면 많은 물량과 산성폭매를 사용한 TEOS 용액은 많은 가지 사슬을 갖는 비 선형 입자를 형성하는 것으로 사료된다. 적은 물량의 산성촉매에서 생성하는 선형고분자 구 조느 삼중규소연쇄의 리본형태로 생각된다.

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