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일본에서의 직장 내 괴롭힘으로 인한 정신건강대책에 대한 연구
박수경 한국사회법학회 2018 社會法硏究 Vol.0 No.34
본고는 일본에서 파워 하라스먼트(직장 내 괴롭힘)의 현상 및 법제를 개관한 후, 직장 내 괴롭힘으로 정신적 피해를 입은 경우에 정신건강대책과 산업재해의 관계를 살펴보았다. 이로서 직장 내 괴롭힘으로 정신적 피해를 입은 경우 및 근로자의 정신 건강 대책에 대한 시사점을 도출하고자 한다. 일본에서도 직장 내 괴롭힘으로 유무형 피해는 계속 논의되어 왔다. 특히, 근로자 가 업무에 의한 정신장애를 발병했다면 산업재해로 인정되지만, 실제로 산업재해로 인정받는 것은 어려운 경향이 있다. 하지만 정신장애와 산업재해의 인정과 관련해 2011년 새롭게 “심리적 부하에 의한 정신장애의 인정기준”이 책정되었다. 이 인정기 준의 특징은 직장 괴롭힘으로 정신장애의 판단기준을 진전시켰다. 이 지침은 행정지 침으로 법적 강행력은 없지만, 실제 법원의 판결에 큰 영향을 미치고 있다. 최근 직장 괴롭힘은 사회문제로 급부상했지만, 법제도의 정비도 미흡한 상황이다. 한국과 일본에서는 직장 괴롭힘을 명문 법규정이 없다. 하지만 일본 정부가 적극적 으로 대응하고 있는 정신피해 대책 등을 검토하는 것은, 향후 직장 괴롭힘을 예방 및 해결하는데 있어 다양한 관점에서 관련 문제를 고찰하는데 유의미한 시사점을 찾을 수 있을 것이다. In this paper, I discuss the relationship between industrial accidents caused by workers suffering from psychological damage due to power harassment (workplace bullying) in Japan, and recent legislation, as well as other types of measures taken there, to protect workers’ mental health from this aggression. By means of this discussion, I intend to extend the implications of these measures in Japan to the work environment in Korea, in order to make suggestions to improve the situation for victims of workplace bullying in that country. Discussions about both the tangible and intangible damage caused by workplace bullying have been going on for several years in Japan. Until recently, it was difficult for authorities to acknowledge the relationship between the psychological damage to workers caused by bullying and its role in causing industrial accidents. In 2011, however, the Guidelines for Maintaining and Improving Worker’s Mental Health were revised; they include new standards for assessing the damage to workers’ mental health caused by bullying. Even though this document does not have the power of enforcement by law, it has had a positive effect on judging cases in the courts. In my paper, I discuss actual incidents of workplace bullying in Japan and examine the effects of the specific measures that have been taken to counter it. Concern about workplace bullying as a societal problem in Korea has also been growing. While neither Japan nor Korea has specific legislation to regulate workplace bullying, the Japanese government is at least actively making efforts to address the issue, as noted above. Therefore, the implications of this study should offer timely contributions to future discussions about how to handle workplace bullying issues in Korea.
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나년식(Ra, Nyun-Sik),장희순(Jang, Hee-Soon),방경식(Bang, Kyung-Sik) 한국주거환경학회 2015 주거환경(한국주거환경학회논문집) Vol.13 No.3
This study aimed to analyze legal precedents issued over the period between 1991 and 2014, identify the cause for occurrence of the dispute over power transmission line and identify its characteristics. The reality is that the construction of the power transmission line, which has recently become a social issue, has led to the more complicated aspect of the conflicts among the developer, the landowner, local residents, environmental organizations, local government and so on, and the conflict behavior has intensely grown. This conflict led to legal action, and there is a possibility that the social trend of ‘legal action is all’ may occur. As the high-pression power transmission line is the NIMBY facility but the fundamental infrastructure for human life, it is a very important task to coordinate interests between electricity supplier and consumer, and the landowner under the high-pression power transmission line and local residents in order to resolve its double nature. As a result of analysis of judicial precedents, the following suggestions were obtained ; required tremendous costs related to the NIMBY facility and the necessity of discussion over the propriety of the sharing of the costs; further aggravation of the dispute over the valuation of land under the power transmission line; the need to increase the underground installation of the power transmission line; the likely gradually increasing demand of compensation for damaged scenery and environment and mental harm. Accordingly, there is a need to take countermeasures for them in the future.
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5‧18 당시 안병하 국장과 전남 경찰의 활동과 피해에 대한 연구
정병곤 조선대학교 민주평화연구원 2022 민주평화연구 Vol.5 No.2
Twenty-four years has passed since the date of May 18 was declared a legal anniversary in 1997, but the people that would distort the historical legitimacy of the May 18 Democratization Movement have shifted some of the responsibility for the state violence to the Jeonnam Police Department. In response to this, research on the roles and activities of Jeonnam Provincial Police Agency Director Ahn Byung-ha and Jeonnam Police Department is receiving new attention. This paper looks through relevant material and testimonies to illuminate the activities and damages of Ahn Byung-ha and the Jeonnam Police Department at the time of May 18, and studies their intermediate identity, damage and compensation methods. To this end, this paper reviews the current status and contents of prior research related to the activities in Jeonnam Police of the time and discusses the relationship with citizens according to the intermediate identity of the police. In addition, the researcher studies the damages and compensation methods of the May 18 Jeollanam Police in this situation. Through the analysis, the Jeonnam Police were able to maintain a relatively calm state with the citizens with a moderate method of controlling protest in the previous and early stages of the 5·18 period because the police had an intermediate identity meaning that they played a public role of controlling protest and also resisting too much state violence and did not need the support of special forces desperately. Director Ahn Byung-ha was well aware of this situation and, while refusing the command to fire, tried to maintain order at a minimum and protect the wounded. As a result, Director Ahn Byung-ha and Chief Lee Jun-gyu died after torture, and many police officers were dismissed, and their emotional injury should be compensated by interpreting the 5·18 Compensation Law in this context. Lastly, this study emphasizes the necessity of complete policing cooperation between the civilians and the police in response to the introduction of the autonomous police system in 2021 by illuminating the activities and damage of the May 18 Jeonnam Police from a new perspective.
KCI
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