Earticle

초록

영어

This research aims at discovering the implications of the Japanese working hour system for white-collar workers on Korean society, since Japanese employment circumstances and labor legislations are similar to Korean. This system refers to the flexible working hours or the discretionary labor system under the Japanese working hour system, which allows for a better understanding of how to operate and manage the white-collar workers’ working hours. The reasons why Japanese society has had the need for a discretionary labor system include the importance of efficiently managing white-collar worker’s working hours because of the changes to industrial structure and the shift to tertiary industries; and second, the diversification of employment patterns due to an aging society and a declining birthrate, and the changes of female worker’s sense of value towards work. In 2005, the Japanese business communities insisted on introducing a “white-collar exemption”, that is to ease or exempt the regulation of working hours for white-collar workers. While the system of white-collar exemption failed to legislate due to the lack of social interest and backlash from labor unions, society now understands that it is necessary to introduce a new working hour system for the proper management of the current white-collar worker’s working hours. Many pros and cons were presented concerning the introduction of white-collar exemption in Japan. Critics argued that the system would lead to legalizing overtime work without pay, aggravate over working, and deteriorate the mental and physical health condition of workers. On the other hand, supporters maintained that the treatment towards white- collar workers would establish optimum levels of work by trying to induce superior workers, offer higher productivity, and better work-life-balance would also be realized. The Japanese exemption system ensures the security of the white-collar worker’s holidays and healthcare checks. These are the distinguishing characteristics of the Japanese system that differ from the white-collar exemption in the US. The implications of the Japanese white-collar exemption and its discussion in regard to Korean society are as follows: first, it is imperative to improve productivity through the efficient management of working hours in order to create employment and to enhance the workers’ quality of life by lessening their working hours. Second, Korean society needs to introduce the discretionary labor system because of the diversity of the types of business within the nation. One of the most important points is, however, to offer considerations regarding the worker’s rights in relation to holidays and health conditions like the Japanese system does. Lastly, to make white-collar working hours more flexible, in addition to the importance of a legislation approach, it is regarded as a prerequisite in order to change the way that worker’s think about their working hours, achieving a better work-life-balance.

목차

제1장 문제의식
 제2장 근로시간제도의 개관
 제3장 유연근로제의 도입 및 운용
 제4장 화이트칼라 이그잼션(White Collar Exemption)제도의 입법논의
 제5장 결론
 참고자료
 참고법령
 Abstract

키워드

저자

• 이정 [ Lee John | 한국외국어대학교 법학전문대학원 교수. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363