취업규칙의 법리에 대한 소고

송강직 한국노동법학회 2021 노동법학 Vol.- No.78

Conclusions are as follows; First, If rules in workplace are legally changed at a disadvantage to employees, the rules will have a normative effect on the employees concerned. Second, If an employer unilaterally changes rules in workplace without employees’ collective agreement, it is natural to interpret them as ineffective as the rules. Third, It is fully acceptable as an interpretation that the Supreme Court has held that changing of the rules in workplace is valid if there is a reasonable cause in the event of a disadvantageous modification of the rules to employees. It would be natural to interpret that the effect of the change extends to workers those who were subject to the existing rules before the change Forth, a ruling of the Supreme Court in 2019 is understood to have held a different interpretation from the previous Supreme Court ruling in recognition of the advantageous principle of the contract of employment. Fifth, a ruling of the Supreme Court in 2019 recognizes advantageous principle by the contract of employment in case of changing rules in workplace to a disadvantageous modification of the rules to employees concerned, and the Court also holds that it is possible to change working conditions at a disadvantageously by obtaining the consent of individual workers after changing the rules disadvantageously. However, it is questionable whether an equal determination against working conditions by Article 4 of the Labor Standards Act will be secured through the consent above by individual workers. Sixth, under a ruling of the Supreme Court in 2019, it is possible for a majority union etc. to obtain prior consent from individual workers against changing the rules to disadvantages to them. Seventh, in advance, an employer will be able to include regulations in the rules that working conditions and other conditions can be changed disadvantageously depending on the management situation. To do so, an advantageous principle by the contract of employment will have no meaning. Finally, the National Assembly should enact a legislation recognizing effectiveness of the rules changed disadvantageously to employees through a due process of the Labor Standards Act. In addition, the legislation should also recognize effectiveness of the rules changed disadvantageously with reasonable grounds in the society by an employer.

Problems of the Rules of Origin in the EU and the NAFTA : the Need to Expedite Completion of WTO Work for Harmonization

柳炳云 법무부 2004 통상법률 Vol.- No.57

Today, determining "where a product comes from" is very difficult when raw materials and parts cross the globe to become components of goods that may become in turn the components of other goods that are manufactured in many plants in several different countries. Moreover, the different rules of origin around the world are really varied and complicated. Many of the major trading countries have more than one set of preferential rules, as well as more than one set of non-preferential rules. Present various and complicated rules of origin may provoke lots of unnecessary trade controversies and obstacles to international trade, as well as increased transaction costs. To date, the WTO has not implemented a uniform regime for the harmonized rules of origin, which was scheduled to be accomplished within three years after the initiation of the harmonization work program. Thus far, countries have used different rules with different criteria to determine the origin of certain goods. Accordingly, they have sometimes experienced severe incompatibility problems as well as the use of the rules as disguised barriers to international trade. The work program for the harmonized rules of origin was to be initiated as soon as the completion of the Uruguay Round. The work would be conducted by a Committee on Rules of Origin (CRO) in the WTO and a technical committee (TCRO) under the auspices of the Customs Cooperation Council in Brussels According to the schedule, the harmonized rules should have been completed by July 1998. While, some substantial progress has been achieved in the CRO and the TCRO, the work program for the harmonization could not be finalized within the estimated deadline. In December 2000, the General Council Special Session agreed to set, as the new deadline for the completion of the remained work, the Fourth Session of the Ministerial Conference at least by the end of 2001. The WTO, however, did not meet this deadline, even though it has by now largely completed the work with the exception of a few outstanding issues. The official reason for continued delay by the WTO was that the work was turned out to be more complicated than anticipated and several time extensions were required. However a look into the proceedings reveals a strong incentive for the established regional blocs, such as the EU and NAFTA, not to agree with the harmonized rules of origin. The established regional blocs enjoin advantages under the present regime of various and independent rules of origin. Sometimes, the use of rules of origin has a protectionist effect benefiting domestic industries. Thus although rules of origin may not be explicitly used for protectionist purposes, there is unavoidably a restrictive effect which discourages external source, and to a degree, free trade. Until the completion of the harmonization program, WTO members are required to ensure that their rules of origin are transparent that they do not have restricted, distorted or disruptive effects on international trade. Rules of origin must also be administered in a consistent and reasonable manner, and based on a positive standard. It is anticipated that rules of origin clearly define what criteria establish origin rather than what do not In reality, however, these guidelines are too weak to check the abuse of rules of origin as disguised protectionist measures. Because of the incentives not to agree to the harmonized rules of origin, the EU and the NAFTA member counties, especially the United States, are not actively pursuing completion of the work program for the harmonization. Even though the WTO Agreement on Rules of Origin seeks to have its members comply with neutrality and transparency principles in implementing their rules of origin, rules of origin (including changing criteria in the rules) could be used for raising barriers to international trade, especially for the policies of major regional blocs, such as the EU and NAFTA. The examples are 1) lack of transparency in implement of the rules; 2) discretionary interpretation of the criteria in the rules; 3) complexity of the rules; 4) sudden and significant change of a criteria in the rules; 5) presumption of circumvention 6) denial of standing to challenge decisions regarding origin and 7) restrictions and the increase of restrictions on third country inputs. The restrictive effects of rules of origin could be drastically reduced by the establishment of a world-wide harmonized system governing rules of origin. Therefore, rapid completion of the WTO Work for Harmonization is very important Harmonization will further the ultimate objectives of the WTO and neutralize the trade disadvantages of nations which are not members of significant RTAs.

루마니아어의 최근 어문규정의 변화에 대한 고찰(정서법과 형태론 규정을 중심으로)

엄태현 한국외국어대학교(글로벌캠퍼스) 동유럽발칸연구소 2011 동유럽발칸연구 Vol.26 No.1

본 연구는 최근 변경된 루마니아어의 어문규정을 분석하여 제시함으로써 루마니아어를 사용하는 한국어 화자들로 하여금 좀 더 규범에 맞는 언어 사용을 가능하도록 일조하는데 목적이 있다. 이에 본고에서는 어문규정 변화의 구체적인 이유나 목적 보다는 새로운 어문 규정이 적용되는 방식, 권고되는 경향, 오류 등 여러 언어적 현상에 대해서 좀 더 관심을 가지고 주제에 접근하였다. 루마니아어에 관련된 어문규정을 연구하고 개정하고 관련 출판물을 만들어내는 기관은 루마니아 학술원 산하의 I. Iordan-AL.Rosetti 언어연구소이다. 이 연구소에서는 어문규정과 관련된 몇 가지 의미 있는 출판물을 만들어내는데 이 가운데 DOOM은 루마니아어의 어문규정을 종합적으로 반영하고 있으며 교육과 출판물에서는 물론 일반인들의 언어 사용에서도 기준이 되는 역할을 하고 있다. 2005년에서 개정 출판된 DOOM의 제 2판인 DOOM2는 가장 최근의 출판본으로 같은 해에 개정 출판된 문법서인 GALR로부터 형태론적 규칙에 대한 내용을 대부분 받아들이고 있으며, 2001년에 개정 출판된 언어학 용어 사전인 DSL에서 언어학 관련 내용을 참고하여 최근의 어문규정의 변화를 반영하고 있다. 따라서 DOOM2의 정서법에 관련된 설명과 등재어 목록에 대한 연구를 통해서 최근의 어문 규정을 파악할 수 있을 것으로 예상하고 이에 대한 분석을 시도하였다. 정서법 규정과 관련하여 볼 때, 1993년의 정서법 개정 내용에는 모음 “ȋ”를 “ȃ”와 “ȋ”로 분리하여 표기하고, “a fi” 동사의 일부 활용 형태를 바꾸는 내용이 포함되어 있다. 신조 외래어의 표기에 관한 규정에도 변화가 있었는데, 기존의 형태에서 좀 더 해당 외국어의 발음과 쓰기규정에 부합하는 방향으로 바뀌게 되었다. 외래어 가운데 어미가 특이한 형태에 대해서는 전접어 형태로 나타나는 정관사와 복수형 어미가 하이픈으로 연결되도록 규정하였다. 부정(否定)의 의미를 가진 부사 “nici”가 부정(不定)대명사 및 부정(不定)형용사와 결합하는 경우 이를 결합여서 하나의 단어로 표기하도록 개정하였다. 하이픈은 1단어 혹은 복수의 단어에서 사용되는데, 연결의 의미와 분리의 의미로 매우 다양하게 사용된다. 단어의 대문자-소문자 표기법에 있어서 첫 문자를 보통명사는 소문자, 고유명사는 대문자를 사용하는 것이 대원칙이다. 하지만 고유명사의 일부에는 소문자를 사용한다. 형태론적인 부분에서 명사, 관사, 수사, 동사를 중심으로 어문규정의 변화에 대해서 살펴보았다. 이 부분에서의 변화가 두드러지기 때문이다. 명사에서는 수(număr)에서 새로운 복수형태, 성(gen)에서 새로운 여성명사의 형태, 격(caz)에서 신조 합성명사의 격변화 위치의 변동이 나타났다. 관사에 있어서는, 남성명사 단수형에 주격 정관사가 사용될 경우에 구어체 언어에서 나타나는 -l 줄임 현상에 대한 규정, 정관사가 포함된 합성명사에 대한 부정관사의 사용 가능 여부에 관련된 규정이 나타났다. 수사에서는 수사와 명사 사이에서의 일치의 문제, 날짜 표기와 관련된 문제, 수사의 조어 특성에서 비롯된 발음 문제가 나타났다. 동사에서는 모음 “ȋ”가 동사의 어미로 나타나는 4군 동사형의 긴 부정사(infinitivul lung) 파생 형태를 사전에 등재할 때 나타나는 문제, 어미가 “ea” 형태로 나타나는 2군 동사의 경우, 3군 동사형을 따르지 않고 1군 동사형을 따르는 경우에 대해서 살펴보았다. 본 ... The purpose of this article is to help Korean speakers who use Romanian as a their second language for using more normative Romanian by presenting newly revised rules on this Language. So in approaching the target theme, this article tried to focus more on the linguistic phenomena such as ways of applying revised norms, suggested tendencies by authorities, generalized errors and so on than the reasons and purposes of revising rules of Romanian language. Authorized institution for studying, revising, and publishing the rules of Romanian language is the I. Iordan-AL. Rosetti linguistic Institution which is a affiliated organization of Academy of Romania. This Institution publishes some meaning publications and among them, DOOM which is a dictionary of orthography, orthoepy and morphology, is the preeminent one which reflects most comprehensively the rules on Romanian language and the norms included in this dictionary considered as a standard for everyday life language, and this dictionary also recommended for teaching language and publishing materials. The newly revised 2005 year edition of DOOM, called as DOOM2 referred to the contents regarding morphological theories from newly revised GALR of 2005 year edition (A grammar book), also consulted to the contents from revised 2001 year edition of DSL(A Dictionary of linguistics) for linguistic features. The two books on linguistics, GALR and DSL, are also normative books for Romania language rules, which are published from Academy of Romania. DOOM2 surely be considered as a dictionary which generally reflects the newly changed rules on Romanian languages. So it is logically expected that, by analysing the explications and words list of DOOM2, the newly revised rules and changing tendencies until to the year of 2005 could be found. The changes on the orthographic rules found from many parts. Followings are the concrete parts of changed rules: 1) Letter - From the orthography revision of the year of 1993, the vowel “ȋ” should be replaced with “ȃ” or “ȋ” depend on new regulations on letter composition and some conjugations of verb “a fi” should be changed. 2) Neologism from a foreign language should be changed more appositely with th original language from the view points of pronunciation and writing. 3) Foreign words ended with unfamiliar consonants or vowels should be written with hyphen when these endings are combined with definite articles or plural endings which stick to the end of words as enclitic. 4) When adverb “nici” with a negative meaning is combined with indefinite pronoun(e.g. unul) or indefinite adjective (e.g. un) these two elements should be written as a one word without blank in between two words(e.g. niciunul, niciun). 5) hyphen has a variety of grammatical meanings. 6) Distinguishes between Small Letter and Capital Letters are clear. Common nouns should be written starting with small letter and proper nouns should be written with capital letters. But some cases are showing that small letters are used for proper nouns, such as the name of god e.g. “apolo”. The changes on the morphologic rules found from mainly from noun, article, number, and verb. Followings are the concrete parts of changed rules: 1) Noun-There exist new plural forms, new female noun forms, new compound words which have different place for case declension. 2) Article-Rules of definite article for masculine noun which define the phenomenon of omitting the “~l” from the oral language. Rules on indefinite articles used in front of a compound noun having definite article in the interior of the word are defined. 3)Number-There exist numerical and gender accord between number and noun, writing the date, and pronunciation. 4) Verb- When the 4th group verbs having “ȋ” vowel at the end of word derivate to a Long Infinitive(Infinitivul lung), the registration order between this derivated Long Infinitive and the original Short Infinitive(Infinitivul scurt) at the dict...

A Comparative Study of Consent Rules in the Personal Information Protection Laws of China and South Korea

GUANGJUN ZHANG(장광준),JIA JIANG 동아대학교 법학연구소 2022 國際去來와 法 Vol.- No.39

Consent rules, as the “Imperial Clauses” for personal information protection, are both specifically regulated in the Personal Information Protection Laws of China and South Korea. However, the explosive growth and high-speed circulation of personal information in the era of big data makes it more difficult for personal information processors to obtain the effective consent of personal information subjects, thereby weakening the ability of personal information subjects to control their personal information. How to apply consent rules to effectively balance the relationship between personal information protection and the development of the digital economy is one of the common topics faced by both China and South Korea. This paper compares the specific provisions and exceptions of the consent rules in the Personal Information Protection Laws of China and South Korea and analyzes the commonalities and differences between the two. Then, it compares the legal liability of violation of consent rules in the Personal Information Protection Laws of China and South Korea and analyzes their differences. Finally, from the two aspects of the validity of consent and the application of the rules, this paper summarizes the common dilemma faced by the consent rules of China and South Korea and proposes some solutions. Although the consent rules of the Personal Information Protection Laws of China and South Korea have their own advantages and disadvantages, on the whole, South Koreas regulations can better reflect the legislative purpose of “strong protection and strong utilization”. The flexibility and operability of law enforcement are stronger. The common dilemma of the two countries consent rules lies in the insufficient validity of consent and weak enforcement of rules. The former is mainly due to the personal information subjects are lack of cognitive ability, are “forced” to consent too much and are lack of enthusiasm for personal information management. The latter is mainly due to the deviation of the actual law enforcement from the original intention of the legislation, the difficulty of implementing the rules due to the development of science and technology, and the paradox of the consent rules themselves. In this regard, this paper proposes solutions from two aspects: perfecting the content of the rules and improving the implementation of the rules. The perfecting of the rules mainly includes four dimensions: refining the classification of personal information, optimizing the notification mode of personal information processors, supplementing the method of personal information subject consent, and reasonably restricting the exceptions to consent. The improvement of the implementation of the rules mainly includes four measures: introducing a third-party evaluation mechanism, strengthening government supervision, reinforcing legal responsibility, and implementing effective remedies.

자치법규기본조례와 자치입법권의 보장

선정원(Sun Jeong Won) 한국지방자치법학회 2004 지방자치법연구(地方自治法硏究) Vol.4 No.2

Most rules of local government have been made by model rules and directions of central government, and remain still unchanged in spite of decentralization policy of Participative Government .(2003-now) We must strengthen rulemaking power of local governments urgently and effectively. Basic rule for rulemaking is a charter for local governments, and gives standards for all rules of local governments. For example, rule names and a rulemaking process can be unified by Basic rule for rulemaking . I think, korean local governments must make Basic rule for rulemaking to reduce mistakes in making local rules. I d like to make several suggestions about the contents of the basic rule. 1) Basic rule for rulemaking must prescribe notice and comment procedure for local rules to protect civil rights. It is necessary, because korean local self-governing act doesn t prescribe to give notice and comment before making local rules. 2) The basic rule must prescribe to make citizens know all of new rules quickly on home pages of local governments. 3) The basic rule must prescribe the regular time to correct mistakes of local rules every year. By the regular revision, the appearance of overlapping and similar rules can be prevented, and rules of good quality can be made. And, the following must be improved, to ensure the rulemaking power of local governments. 1) The Supreme Court don t almost defer the rulemaking power of local governments, but must respect the authority of local assembly more seriously. When the Supreme Court make local rules void, it must propose alternatives, as the constitutional court does it. A judicial decision on rules must be different with that on particular acts. 2) Korean local self-governing act (§15, exceptive clause) requires delegation from higher acts of the central government, when local rules prescribe rights or duties of inhabitants. But this exceptive clause puts too much restrictions on the rulemaking power of local governments, and must be amended or eliminated. 3) Central government and local governments must try to reduce the use of model rule from central government, because its excessive use sacrifices the diversity and autonomy of local governments. 4) Local governments have to strengthen the office of judicial affairs and the supporting organization of rulemaking in local assembly. And, they can establish a legislative research institute alone or with other local governments for the sake of this.

Modeling Dynamic Business Rules using A Dynamic Knowledge Approach

Nasser Karami,Junichi Iijima 대한산업공학회 2007 Industrial Engineeering & Management Systems Vol.6 No.1

Business Rules are formal statements about the data and processes of an enterprise. They present projections of the organization’s constraints and ways of working on their supporting information systems. Therefore, their collection, structuring and organization should be central activities within information systems. In an enterprise, business rules are used to represent certain aspects of a business domain (static rules) or business policy (dynamic rules). Hence, regarding problem domains in the organization, business rules are classified into two groups: static and dynamic business rules. The paper introduces a new concept of business rules, Extended Dynamic Business Rule (EDBR) which contains the results of the occurrence of business rule’s action. The focus of this paper is in the organizing, defining and modeling of such business rules using Mineau’s approach. Mineau’s approach is an extension of Sowa’s Conceptual Graph theory.

로테러담 규칙하에서의 거증책임

조종주(Jong-Ju Jo) 한국해양비즈니스학회 2010 해양비즈니스 Vol.- No.15

Practitioners involving in the law of carriage of goods by sea are used to working with a regime based on the Hague Rules(1924) as later amended by the Hague Visby Rules(1968). Most nations have ratified this Rules and have adopted national legislation based on that regime. The legal structure of the Hague Rules is the conceptualization of the interplay as a ping-pong game created by a maritime cargo case which defines the burden of proof and the respective steps in the allocation of liability and exemption. Hamburg Rules attempts to restructure the Basic principles of the preexisting laws and jurisprudence on the liability of the carrier for maritime cargo claims. The Hamburg Rules contain clear and concise provisions on both burden of proof and allocation of liability where loss is due to a combination of causes. Rotterdam Rules article 17 expressly stipulates how the burden of proof is allocated as between cargo interests and carrier, following the rather complicated ping-pong type approach of Hague Rules, rather than the simple approach taken in the Hamburg Rules. This paper analyses Rotterdam Rules article 17 comparing with the Hague Rules and Hamburg Rules

법령보충규칙의 문제점

김민섭(Kim, Minsub) 국민대학교 법학연구소 2016 법학논총 Vol.28 No.3

Administrative rules involving civil rights or duties are the administrative rules that are delegated by legal orders and have legal forces in combination with the legal orders. The Constitutional Court of Korea rules that the administrative rules involving civil rights or duties are constitutional. The problems of administrative rules involving civil rights or duties are as follows: ① there are some cases that the legal orders delegate the contents to administrative agencies without appointing the forms. But in the cases that legal orders delegate administrative rules involving civil rights or duties, legal orders must appoint the forms of administrative rules. ② there is an opinion that Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministry cannot delegate to administrative rules without re-delegating rules of act. But Presidential Decree, Ordinance of the Prime Minister, Ordinance of the Ministry can delegate to administrative rules without re-delegating rules of act if social needs exist. ③ the legal orders delegating to administrative rules must obey the saving clause in paragraph 2 of article 4 of the Framework Act on Administrative Regulations. But There are some cases that violate the clause. ④ There are some cases that administrative agencies do not make administrative rules regardless of legal orders’ delegating.

재정준칙의 법제화, 선결 조건과 전제 조건

정성호 한국비교정부학회 2020 한국비교정부학보 Vol.24 No.1

(Purpose) Rules-based fiscal policies are in fashion. Fiscal rules seek to confer credibility on the conduct of fiscal policies by removing discretionary action. Therefor fiscal rules should not lead to political debate. The purpose of this study is meaningful in that it proposed the preconditions and prerequisites of fiscal rules. (Design/methodology/approach) Many countries have experienced fiscal burdens from increased social welfare demands. Under these conditions, many governments have implemented fiscal rules for maintaining fiscal soundness. The Korean government also faces several fiscal challenges from increased demands of social welfare and socioeconomic problems, such as a rapidly aging population and a low birth rate. Recently, the numerical ceiling of fiscal rules has been a consuming debate. However, it is still debatable whether Korea should adopt fiscal rules, even though the government’s fiscal condition is considered relatively healthy. (Findings and Research implications) Fiscal rules play a positive role in reducing government debt, but they could restrict the government’s role in stabilizing cycle fluctuations or fiscal adjustments from economic shocks. Nevertheless, now is a critical time to consider adopting fiscal rules given that socioeconomic conditions have recently dramatically changed. Thus, the government needs to prepare for future potential risks that might threaten fiscal soundness. Fiscal rules are not a means to curb government expenditure such as social welfare.

대한상사중재원의 2007년 국제중재규칙의 주요내용과 그에 대한 평가

석광현 ( Kwang Hyun Suk ) 서울대학교 법학연구소 2008 서울대학교 法學 Vol.49 No.1

Korea promulgated the Korean Arbitration Act (KAA), which took effect as from December 31, 1999. KAA is modeled after the Model Law on International Commercial Arbitration, which was adopted by UNCITRAL in 1985. The Korean Commercial Arbitration Board (KCAB) has the Arbitration Rules (the Existing Rules) that are applicable to both international and domestic arbitrations. The Existing Rules were criticized for not properly taking into consideration the characteristics of international arbitration. In response to the growing need to settle international commercial disputes by arbitration in a more efficient way, the KCAB has recently established The Rules of International Arbitration for the Korean Commercial Arbitration Board (the New Rules), which has taken effect as of February 1, 2007. The author welcomes the introduction of the New Rules, in that the New Rules have aligned the method of appointing arbitrators with the international practice and that the New Rules have substantially increased the fees of the arbitrators in order to attract more experienced and renowned arbitrators from all over the world. Introduction of the New Rules will contribute to make the international arbitration administered by the KCAB more attractive to the international business community than before. The New Rules will be also conducive to further development of the international arbitration law of Korea. However, the author criticizes the New Rules in the three basic aspects described below. First, the drafters of the New Rules do not appear to have properly considered the policy decisions that the Korean legislators had taken when enacting the KAA in 1999. More concretely, some provisions of the New Rules are in conflict with the mandatory provisions of the KAA. In addition, some other provisions have changed the policy decisions under the KAA without justifiable grounds. Secondly, allocation of the function and role among the KCAB itself, its Secretariat and the International Arbitration Committee to be established under the New Rules appear to be inappropriate. Thirdly, the definition of international arbitration under the New Rules is different from that under the Existing Rules. The author cannot think of any valid reason for such differences. Finally, the author makes comments on various provisions of the New Rules. For example, the expressions the closing of proceedings and the termination of proceedings are used in a confusing way in the Korean version of the New Rules. Moreover, there are several discrepancies between the English and Korean versions of the New Rules.