Earticle

초록

영어

We have anti discrimination regulations about atypical workers compared with regular workers in Korea. With this, recent cases by regional courts showed that the position of atypical workers could be regarded as a social status which should not be the reason to discriminate employees. In Japan, prohibition of the unreasonable differences in the working conditions is a principle of narrowing the gaps between regular workers and atypical workers. When it comes to the standards about unreasonable differences, job content, the scope within which the job content and assigned position can be changed, and any other factors should be considered. This approach was recently more concretely reflected to the new legislation of so called “various working style” law. Supreme court of Japan also showed two new cases about making standards of unreasonable differences in working conditions, which emphasized that every single working condition should be compared and examined respectively. Compared with Korean system, Japanese has more flexible way in that atypical workers in Japan do not have to find precise comparable regular employee to prove their disadvantage. But it also has difficulty in that it contains too much discretion about judging what the unreasonable differences are.

목차

I. 서론
II. 일본의 비정규직 규제 연혁과 법개정
III. 기간제 근로자에 대한 불합리한 격차 : 최고재판소 판결
IV. 시사
참고문헌

키워드

비정규직 근로자 기간제 근로자 단시간 근로자 비정규직 차별 불합리한 격차 일본 노동계약법 atypical workers fixed term employee part time employee discrimination unreasonable differences labor contract law of japan

저자

• 최석환 [ Sukhwan Choi | 명지대학교 법과대학 부교수 ]

참고문헌

발행기관

간행물