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노동법논총 [The Journal of Labor Law]

간행물 정보
  • 자료유형
    학술지
  • 발행기관
    한국비교노동법학회 [The Korea Society of Comparative Labor Law]
  • pISSN
    1229-4314
  • 간기
    연3회
  • 수록기간
    1998 ~ 2025
  • 등재여부
    KCI 등재
  • 주제분류
    사회과학 > 법학
  • 십진분류
    KDC 336 DDC 363
제35집 (15건)
No

硏究論文 : 2015년 한ㆍ일노동법포럼

1

勤労基準法上 勤労時間規制と勤労時間の実態

吳相昊

한국비교노동법학회 노동법논총 제35집 2015.12 pp.1-37

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8,100원

The purpose of this study is to examinded the contents of the working hour regulation and research of woring hour in Labor Standards Act. This Act protect 1 weeks 40 hours, 8 hours per day 'standard' working hours and it will occur in the employment relationship as the minimum working conditions. In fact, if the 'condition' or the term 'relationship' is meaningful because it implies the state of a new employment relationship due to changes in the working environment or the economy form the content of working conditions. It will be inevitably forced to change. In this sense, the introduction of the modified hours of work can not be judged only by a necessarily imposing obligation to employees. Because the purpose of the working hour regulation are 1. health care and safety of workers, 2. guarantee of leisure activities 3. employment protection, 4. Promoting Productivity 5. guarantee of Labor-Management Autonomy. Nevertheless, working time regulation and prevention of health damage caused by the workers working for a long time. It is preferably effective to adjust out the various purposes in order to operate cooperatively.

2

労働基準法上の労働時間規制と労働時間の実態

矢野昌浩

한국비교노동법학회 노동법논총 제35집 2015.12 pp.39-65

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6,600원

어떤 노동에 대해서 시간적 길이가 한정되지 않는 경우, 그 노동은 고용이 아니다. 확실히 고용에 의한 노동의 규제는 노동의 양적인 측면뿐만 아니라, 노동의 질적면에서도 이루어져야 한다. 이 측면에 대해서는 근로자에 대한 사용자의 안전배려의무와 직장환경유지의무를 기초로 한 접근이 유효하다. 그러나 과로사와 과로자살이 사회문제로 계속 되고 있는 일본의 현상과의 관계에서는 8시간 근로시간제가 지금 또다시 강조되어야 하는 것이다. 8시간 근로시간제는 인간의 존재기반을 확보하고, 유지 가능한 사회를 구상하는 한 불가결한 것이다. 근로시간규제의 목적으로 ① 근로자의 건강유지, ② 근로자의 여가와 문화적생활의 보장, ③ 경제적 효율성에의 기여, ④ 근로시간 관리의 유연화, ⑤ 근로조건의 수준 향상에 의한 국제협조와 정치경제의 민주화, ⑥ 워크쉐어링, ⑦ 근로자간의 사회적 공정의 확보, ⑧ 노사자치 혹은 근로자 참가의 촉진, ⑨ 남녀평등의 촉진, ⑩ 일 생활 양립 등이 노동기준법의 제정과 개정을 촉진하기 위하여 주장되어 왔다. 게다가 현재 근로시간규제개혁에서는 ⑪ 근로자의 자율적인 유연한 노동의 촉진, ⑫ 차세대육성지원이 과제로 되고 있다. 필자 자신은 헌법 제27조 제2항을 직접적인 근거로서, 법률이 근로자에게 의해 보다 좋은 생활이 가능하도록 하는 시간주권을 보장한다는 관점에서 중요하다고 생각한다. 이러한 관점에서 재정리하면, 근로시간의 길이를 한정함으로써, 사용자로부터 근로자의 안전과 자유를 확보하는 것이 극히 중요하다(①, ②), 실업대책과 국제협조 등의 다양한 정책적 고려에 의한 근로시간단축도 근로자의 안전과 자유의 확보를 대전제로 문제로 될 수 있다(③, ⑤, ⑥, ⑦). 그것과 함께 노동으로부터 해방되는 시간ㆍ기간으로써의 자유시간의 보장, 그리고 그것을 통한 근로자의 사생활의 보장은 근로시간규제의 반사적 효과로써가 아니라, 그 자체로 법적구조를 충실하게 하는 것이 요구된다고 생각된다. 그 위에, 한편에서는 근로시간 배치 혹은 근무수행에서 근로자의 자유확대를 목적으로서 근로시간의 민주적인 유연화의 구조를 정리하고(④, ⑧, ⑪), 다른 한편으로는 자유시간이라는 이름하에서 감춰져 버리는 가족적 책임을 직시하고, 남녀평등의 실질화라는 점에서 근로시간규제의 재검토를 진행해야 할 것이다(⑨, ⑩, ⑫).

3

アベノミクスの労働時間の法政策

和田肇

한국비교노동법학회 노동법논총 제35집 2015.12 pp.67-106

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8,500원

아베노믹스의 고용개혁의 하나로 소위 「화이트칼라 이그잼션(white collar exemption)제도」를 중심으로 한 근로시간의 규제개혁이 있다. 그것은 이미 2000년대의 중반에 고이즈미내각과 제1차 아베내각에서 제안되어, 일단은 폐지되었던 개혁안의 재제안이라고도 할 수 있다. 전회의 제안은 「잔업수당 무료 법안」 등의 비판이 속출하여 결국은 법안제출에는 이르지 않았다. 아베노믹스는 그 실패를 교훈삼아 철저히 준비하였지만, 문제의 본지에는 아무런 변화가 없다. 본고에서는 근로시간의 실태를 몇 가지의 통계자료에 근거해 명확히 한 후에, 그것을 기반으로 아베노믹스의 근로시간 정책에 대해서 「고도 프로페셔설(professional) 제도」 를 중심으로 검토하였다. 일본의 근로시간에 대해서는 많은 문제가 있다고 생각되고 있고, 그 개혁의 필요성을 전부터 역설하여 왔다. 그러나 아베노믹스의 근로시간 제도 개혁을 보고 있으면, 몇 가지 걱정되는 점이 있다. 첫째, 몇 가지 점에서 논의가 정확하지 않거나(화이트칼라 라는 표현 등), 실태를 정확히 이해하고 있지 않거나(일반 근로자의 장기간노동, 서비스잔업, 36협정의 특별조항 등), 정서적인 논의가 간간히 보여진다(수용할 수 없는 노사자치론). 둘째, 근로시간 제도의 논의에는 규제개혁회의 의견의 주된 목표는 ③ 유연한 근로시간제도의 창설에 있고, ① 상한규제와 ② 일ㆍ생활 양립은 그것을 위한 수단으로써 생각되거나, ③의 적용대상자에게 한정되는 것 같은 의견이 나오고 있는 것 같다. 그렇다고 한다면 건강과 일ㆍ생활 양립은 근로시간의 유연화를 실현하기 위한 과제에 불불한 것 처럼 들릴 수밖에 없고, 근로시간 규제의 본질을 잃어버릴 수 밖에 없다. 셋째 근로시간규제의 정점에는 말할 것도 없이 헌법 제27조 제1항의 근로권(노동권) 보장이 있지만, 많은 논의에서는 그 규범내용이 전혀 무시되고 있다. 그 결과 많은 논의가 경제적 관점에 편중되고 있다. 노동법학자의 논의에서는 당연히 이점에 고민을 두지 않을 수 없다.

硏究論文 : 2015년 추계학술대회

4

감정노동에 대한 노동법적 규율방안

한인상

한국비교노동법학회 노동법논총 제35집 2015.12 pp.107-149

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9,000원

This article is about labor law’s discipline which refers to the emotional labor. The emotional labor means a type of labor which an employee is required to repress his/her own feelings while offering labor. The problem of the emotional labor often turns up at companies of service industry which business is mainly dealing with customers. Mental health of worker could be deteriorated if a worker is exposed to the situations which urge worker to control one’s feelings or leads to emotional disharmony. Recently, the industrial structure is changing into service industry. Therefore emotional labor issue has become a serious social problem. The purpose of labor law is to secure right to a Life worthy of human beings and protect worker’s healthy life by the means of which assuring of minimum working conditions and improving the working environment. The Labor Standards Act defines minimum work conditions. And Industrial Safety and Health Act defines the necessary measures for the safety of worker. Also the employer is obliged to secure worker’s health because of the labor contract’s obligations. But under the system of existing law, there are some limits to regulate the emotional labor problem. This article shows a direction and discipline of labor law for the emotional labor. Labor is consisted of physical, mental and emotional aspects, and those are combined each other. In order to protect workers from the risk element of emotional labor, there must be adjustment of working hours and improvement of working conditions basically. In addition, scope of application of labor laws should be extended to the emotional labor. First, it is needed to establish the term ‘emotional labor' in the Labor Standards Act. Industrial Safety and Health Act must be materialized. Employer’s obligation which preventing worker’s emotional labor issues and recovering mental health is the target. Finally, A revision in the Industrial Safety and Health Act is needed to recognize the potential damage caused by emotional labor as an industrial accident.

5

외국인근로자 고용변동신고에 대한 쟁송 사례의 분석

최홍엽

한국비교노동법학회 노동법논총 제35집 2015.12 pp.151-193

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9,000원

This paper analysed labor disputes in Labor Relations Commission and District Courts about ‘reports of employment alteration'. According to article 17 of the ‘Act on the Employment, etc. of migrant workers' and its Presidential Decree, the employer who employs migrant workers can report the employment alteration when the migrant worker dies, or absents himself from work for not less than 5 days without due notice, or loses contact with his/her employer, etc. We can divide determinations of Labor Relations Commission about the reports of employment alteration into 4 types(A,B,C,D types). A type cases, which issued remedy orders, were scarce. B type cases, which dismissed application for remedy by virtue that report of employment alteration was only duty implementation in Public Law and not an expression of dismissal will in itself, hold a great majority. And a few cases can be classified to C type. C type cases admitted no necessity to bring a litigation as migrant workers departed from this country, etc. In D type cases, that bear some resemblance to A type, migrant workers gived up their offices or so. It is difficult for Labor Relations Commission to become a proper remedy to many Reports of Employment Alteration, as B type cases held a great majority though the report has been used as the means of terminations of employment relations. And so Labor Relations Commission should examine that report case positively like A type cases. Administrative litigation can be also desirable remedy such as Uijeongbu District Court.

硏究論文

6

독일에서의 위장도급 판단 기준에 관한 논의와 그 시사점

권혁

한국비교노동법학회 노동법논총 제35집 2015.12 pp.195-219

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6,300원

It is clear in theory to distinguish between the constructing contract and the labor contract. However, in practice, very difficult. because the case that the elements of the constructing contract and the labor contract is mingled are many. Because of issues like this, Finding a clear standard of distinction is very difficult. the labor contract cannot really be judged by he constructing contract. the constructing contract is not the subject of labor legal regulation. Germany also is not clear discussion of standard of distinction of camouflage outsourcing. It is correct as seen in the process to continue to develop. These points, recently, has been implied well in the German precedent. Precedents and academia discovered countless subordinate "case" to determine the illegal constructing contract relationship. However, they could not find a definitive indicators. In German court, there is a case in which the provision of work tools and material is judged to be very important. However, there is also judgment of the reverse. It is not important whose working tools and materials is. Facilities of equipment's own also same. After all, even the German court, when determining camouflage outsourcing today, they have limit. If in such a case, it is better to rather admit a new type of human resources contractor relationship. it is reasonable to understand the contract itself the elements of labor and contractors are mixed. When the white and black colors are mixed, it is correct to be seen in gray as such. They have to admit the gray zone. Conventional labor law is identified as a tool for regulating the real industrial relations. However, the role of labor law in modern society, with the current regulations, it is necessary to have to concentrate on to continue to actively form a new order. it is necessary to define in detail what labor are legally required protection, also it is possible.This is considered a practical approach of problems that we can narrow down the divergence between reality and law philosophy of labor that we face.

7

노동조합의 조직형태와 교섭창구 단일화

김경태

한국비교노동법학회 노동법논총 제35집 2015.12 pp.221-274

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10,600원

Article 29.2 Section 1 of the current Trade Union and Labor Relations Adjustment Act compels trade unions to participate in the procedure for the simplification of bargaining windows irrespective of their organizational types, if there are multiple trade unions within one business or one place of work. Before the introduction of this regulation, the violation of constitution by this act arose as a problem – that it infringed the right to collective bargaining and collective action by trade unions with a few members. As the Constitutional Court of Korea ruled that this regulation did not violate the Constitution in April 2012, it seems that the controversy of unconstitutionality has provisionally come to an end. However, apart from the protection of trade unions that have a few members, another problem is that the current law forces all trade unions to participate in the procedure for the simplification of bargaining windows by having workplace as a bargaining union regardless of their organizational types. For example, a branch of industrial trade union corresponds to a trade union organized by many workers within one business or one place of work and is decided to be a representative bargaining trade union. In this case, the industrial trade union is allowed to have diagonal bargaining only inside the place of work where the branch belongs to, and cannot have unified industrial bargaining in principle. Thus, the problem of procedure for the simplification of bargaining windows according to the current law is that it does not enable the workers of non-enterprise level trade unions, which go beyond the range of workplace as an organization, to achieve their original purpose of choosing such organizational type. The right to independent association guaranteed by Article 33 Section 1 of our Constitution is based on the principle of free establishment of trade union in essence. This means not only establishing, joining, or choosing a trade union to join but also determining organizational type must be based on workers’ free intentions. Therefore, enforcing the procedure for the simplification of bargaining window and preventing trade unions from achieving the purpose of choosing such organizational type infringes the fundamental principle of the right to independent association. Moreover, according to the review on interpretations so far, it is difficult to have Article 29.2 Section 1 as the basis of making non-enterprise level trade unions participate in the procedure of collective bargaining by business or workplace unit. To solve these problems, several amendments have been proposed in the National Assembly since 2012. However, they have limitations to solve the problems related the procedure for collective bargaining of non-enterprise level trade unions under the current system of multiple trade unions. Thus, it is necessary to change the interpretation of current regulation to make non-enterprise level trade unions not participate in the simplification procedure of bargaining windows for each business or workplace unit, or revise the current regulation accordingly.

8

9,400원

Before one approaches on the policy to the problem distinguishing a contract for work from a temporary agency contract, it shall be a priority that the objective and normative interpretation and criterion with a substance and definition of a temporary agency institution and a contract for work is prepared. In this regard, even though the problem of distinction between both is complicated and at the same time, has a topic with various issues, the current judgment has enforced totally different types of contract after considering some relevant facts as temporary agency elements without any elaborate and systematic demonstration. This is an unpersuadable part in terms of a methodology and legal principle. In this regard, this paper suggested a criterion of reasonable interpretation in order to solve the problem of distinction between a temporary agency contract and a contract for work after it objectively examined a determining criterion resulting from the problem of distinction and attempted the comments in detail with the limit and problem of legal principle of precedents, whether or not the provision of employment considering article is unconstitutional, etc. At least, the use of outside labor (outsourcing) under the contract for work includes an entrepreneurial right and the contract is considered as a type of transaction legitimately and approvably under the economic system of divided labor. Nevertheless, without considering the characteristics of auto industry, it is necessary to agonize seriously that the current judgment has enforced a legal form called as a contract for work in a view of the fact that the supervision-instruction relationship between a contractor and a subcontractor's performance assistant is easily accepted under the pretext of synthetic judgment through listing some parts of fact relevance.

9

8,700원

Recently, the importance of introducing legal provision that ensures the compensation for commuting accidents is now emerging as one of the hottest issues in policy making. For a long time scholars have been in agreement on admitting commuting accident as occupational accidents, but legislations and court cases consistently have shown differences from them. For example, most of precedent cases firmly denied the commuting accidents as occupational accidents with one exception where he/she is in under the status of employer's control and management. Later, the control and management theory was broadened into “limited interrelate impartiablity” and “conventional passage and methodology” was suggested. Among them, dissenting opinion made a great advancement in this case supporting that “principle interrelate impartiablity”. In the meantime, the actual ruling has been stuck to the “employer's control and management status”, which has been the yardstick with which Supreme Court use which needs to be examined further. First of all, the problems of this case so far is as follows: 1. violation of interpreting the positive law 2. ignoring the interpreting of interrelate impartiablity 3. misunderstanding the social security right 4. ruling based on policy 5. misunderstanding the principle of equality 6. lack of consistency in its logic. As the cases mentioned above are serious, this study examines the unjust cases and presents rational alternatives. To examine further, this case violated the positive law as they ignored the interpreting the positive law itself. And this case admitted that commuting is related with duties but denied its relation with the occupational accidents as it is not under the control or management of employer. Accordingly, employees' family is entitled to have compensation and funeral expenses as they are basic necessities for life guaranteed by the Constitution and Industrial Accident Compensation Insurance Act. Plus, even though government can add beneficiary optionally in terms of welfare right but the cases must be dealt by the same standard unless they are in the same category. Finally, although commuting, business trip are not occupational work, it is certain that they are closely related with it. Accordingly, we should apply the law based on the universal validity, not by enforcement regulations which are invalid.

10

이탈리아의 단시간 근로제도에 대한 연구

신수정

한국비교노동법학회 노동법논총 제35집 2015.12 pp.363-395

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7,500원

It is global attention to increase number of jobs and employment rates that almost every countries are aiming at. Korea also began to have interests in these issues since the late 1990s after the first financial crisis. The second financial crisis that came in 2008 asked the Government to pursue tangible results of increased employment rates. It has been 8 years since Korea enforced Fixed-term and Part-time workers Protection Act which was established in July 2007. However, over the time the current regulatory scheme has been focusing on excluding or reducing the protection scopes of ordinary workers. Instead of systematically regulating in one labor Act, it fractionally regulates each individual subjects in various acts. According to the current Fixed-term and Part-time workers Protection Act, part-time workers who work less than 15 hrs a week are excluded from a weekly holiday, annual paid leave and they can take a leave based on time rather than day which is against the International Labour Standard. This regulation causes the effect of denying annual paid leave rights of part-time workers. Also ordinary workers can ask to work for reduced time only for the purpose of Work and Family Balance. Women are majority part-time workers already and the regulatory scheme may cause side effects in expanding employing women as part-time workers. Italy had a lot of things in common. Rapid aging population, low female employment rate and at the same time low birth rates, increased youth unemployment, regional wealth gap and conflicts, informal economy (lavoro nero) ect similar issues can be found in Italy. Therefore, in this paper I introduce Italy's part-time working schemes including its enacted inspector and regulatory contents. Then I will organize its features and implications for us.

11

전자노동감시에 대한 현행 법제의 해석과 한계

양승엽

한국비교노동법학회 노동법논총 제35집 2015.12 pp.397-435

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8,400원

The electronic labour surveillance institutionalized, the workers’ stress in the workplace are deepening by degrees. However, there are not the legislation regulating it. The current Personal Information Protection Act(PIPA) may be applied in the labour relation, but it reaches the limit because of ignoring the workers’ subordination to the employers. The best way to overcome the limitations is to enact the labour surveillance chapter in the PIPA. In order to do that, we need to look into the characteristics of the electronic labour surveillance and its effect on the worker’s spirit and body, then, to examine the limitations of current legislations in real application cases. Electronic labour surveillance, its aim and means are suppressed under a confident manner, and the worker’s personal data collected are processed beyond time and space. The Employer can collect and process the worker’s data for the other purpose, and create new personal information by using existing data. Consequently, in experiencing the employer’s monitoring, the workers are suffering from pressure of surveillance, and it incurs the workers’ self-censorship and willing obedience. Therefore, the workers’ subordination to the employers is intensified deeply. There are a few shortcomings in the data protection legislations regulating on the electronic surveillance devices. the PIPA is applied to the management of image information processing equipment such as a CCTV, but the PIPA regulates the monitoring in the public space, and is not applied in the closed workplace. So, in the closed workplace, following the PIPA’s general rules, the employer can surveil the workers by obtaining their consents or improving his obvious and legitimate interests. When the employer inspects the contents of worker’s email and messenger, the Protection of Communications Secrets Act is applied, but it restricts the meaning of wiretapping to acquiring and recording the information with their transmission and reception, so the reading the contents is not regulated. If the employers read the private contents of workers in their computers, the applied law is not obvious. In the electronic communications system, the Act on Promotion of Utilization of Information and Communications Network can be applied, or otherwise, the infringement on secrecy in the Criminal Law or PIPA shall be applied. The personal location information is regulated on the Act on the Protection, Use, Etc., of Location Information. The personal location information is different from the personal information. It occurs to invasion on the person’s safety, and is created be the third person. To enact the new legislation on the electronic labour surveillance, the EU suggests the 7 principles in the working document on the surveillance of electronic communications in the workplace. They are Necessity, Finality, Transparency, Legitimacy, Proportionality, Accuracy and Retention of Data, and Security. As the principle of interpretation, the principle of closeness to the task shall be applied to the article 15 (1) 6. of the PIPA. According to the 15 (1) 6. of the PIPA, the employer who improves his obvious and legitimate can collect and process the workers’ personal information, but 15 (1) 6. of the PIPA also regulates that such information is substantially relevant to the employer’s interest. That relevance shall be interpreted as the closeness to the task which the worker performs. As well, in considering to the invasiveness of the electronic surveillance to the worker’s mentality and body, the principle subsidiary, which means the employer must choose the least harmful way in the surveillance to the workers, shall be added to the principle of the protection of the worker’s information.

12

노동시장 취약계층 근로자의 이익대변 활성화 방안

유성재, 조규식

한국비교노동법학회 노동법논총 제35집 2015.12 pp.437-506

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13,000원

As the quantitative flexibility grows in labor market of Korea, the types of employment are diversified and various employee groups which related in complex interest relations are in one company or in single place of business. And there are many controversies related the role of labor union’s role of representative and adjustment between various type of employees. Especially, the characteristics of korea’s labor market is polarization, and this polarization is mainly due to labor unions’s interest pursuit strategy for large company and regular worker. To solve these polarization and dual structure of labor market problem, each policy targeted groups should recognize self interest relation and activate the aggressive system for representative. This study reviews the status of vulnerable social group and the system of interest representative for the employees. To seek the resonable alternatives, System Enterprise Committee in France and Works Council in Germany are studied for representative activation model by Labor Management Council. And fair representation duty system in Korea and various systems in U.S.A are studied for representative activation model by labor union. As a result of reviewing, the restriction of bargaining unit separation system is drawn and the direction of improvement is suggested. Finally, the directions of revision of related law are suggested, as well.

13

사용기간 제한 예외규정과 갱신기대권에 관하여

윤기택

한국비교노동법학회 노동법논총 제35집 2015.12 pp.507-538

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7,300원

The fixed-term Act takes effect on July 1, 2007. The article 4 of the fixed-term Act(Act on the Protection, etc. of fixed-term and Part-time Employees) restricts the employment period of fixed-term Employees. An employer may hire fixed-term employees for a period not exceeding two years. If an employer hires fixed-term employees for more than two years, the fixed-term employees shall be considered as workers who have made a labor-contract with no fixed-term. The fixed-term Act Article 4. 1. No.1~6. are the Exceptions in Article 4. And according to the fixed-term Act Article 4. 1. No.5, an employer may hire fixed-term employees for a period in excess of two years, where the government offers a job according to the government's welfare policy, a countermeasure against unemployment as prescribed by the Presidential Decree. I have researched on this exception at this paper, especially focused on the purpose and the scope of this exception. According to the Supreme Court, the fixed-term Act Article 4. 1. No.5. are applied to above-mentioned workers, who works at Public library to extend opening hours, in the case of this article, therefore an employer may hire fixed-term employees without restriction for a period in excess of two years. But, firstly, the supporting project of a local government to extend Public library opening hours is the responsibility of a local government for the purpose of using library for local residents who have difficulties in using library during daytime. Secondly, it is general public administration services as continuing task. Therefore the worker in the case of this article should not belong to on exception in the restriction of the employment period of fixed-term Employees. The question is whether the update that had previously applied to through the development of judicial precedents on fixed-term employment Renewal Expectation Right is still applicable even after the enforcement of the fixed-term Act. It is noted that “regular work routine” is an important factor in generating Renewal Expectation Right in the decision of the “Supreme Court 2007두1729”. Employer's refusal against Renewal Expectation Right should be based on Fairness of the judgement criteria. In consideration of these points, The above commentary of the Supreme Court 2014두40753 is left with regret.

14

6,100원

This study reveals that even the industrial union's surbodinate bodies for each company can bring their union’s structural changes if they are acknowledged as coporative substance. This is found true despite the fact that the industrial union's surbodinate bodies must be the subject of collective bargaining in order to bring their union’s structural changes. The reason is that labor relations practices and status by companies are more important factor to be considered than union’s bylaws in Korea in contrary to Western countries.

15

최근 일본 근로자파견법 개정 내용과 시사점

변양규, 이수정

한국비교노동법학회 노동법논총 제35집 2015.12 pp.563-620

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11,200원

Recently in September, 2015, the Japanese government revised the Worker Dispatch Act in order to deregulate the use of dispatched workers as one of its growth strategies. As the revision has implications for us discussing the revision of the Act on Dispatched Workers, this study purposed to introduce the background of the enactment and revisions of the Japan's Worker Dispatch Act and the major contents of this revision, and to find directions for the revision of the Korean Act on Dispatched Workers by comparing the laws of Korea and Japan. When the Worker Dispatch Act was enacted in Japan in 1985, it adopted the positive list method, which restricted subject jobs strictly in order to prevent the substitution of regular employees for dispatched workers in those days. Through the revision in 1999, however, it was replaced by the negative list method, which allowed the use of dispatched workers in all jobs except for some prohibited areas (port transport services, construction work, security services, medical related services, and manufacturing), and the revision in 2003 permitted the use of dispatched workers in manufacturing works. In this way, the the Japan's Worker Dispatch Act has been revised for facilitating the supply of workforce. With regard to the upper limit of the dispatch period, moreover, the law revised in 1999 divided jobs into general works (1 year) and 26 professional works (3 years by administrative guidance) in order to prevent encroachment on the long-term employment system of Japan. By the revision in 2003, furthermore, the upper limit of the dispatch period for general works was extended to 3 years, and the administrative guidance limiting the period to 3 years for professional works was abolished. In this way, from 1985 to 2003, the Worker Dispatch Act was revised for deregulating the use of dispatched workers in order to strengthen the supply-demand control function of the labor market. The revision in 2012 intensified regulations on the use of dispatched workers, but by the revision in 2015, the criteria for calculating the period of dispatch, which has been regulated strictly, were changed and, as a result, the Worker Dispatch Act was improved toward further deregulation. The main contents of the Worker Dispatch Act revised in 2015 include: ① the rationalization of regulation on dispatch period; ② centralization(unification) into a permit system; and ③ reinforcement of balanced treatment, career support, and measures of employment stability for dispatched workers. First, the Worker Dispatch Act set the upper limit of dispatch period to 3 years for both professional and general works. In addition, the base for calculating the period of dispatch was changed from ‘3 years per job’ to ‘3 years per person,’ and as a result, client business operators would be allowed to use dispatched staff indefinitely for a particular position as long as they change the worker in it every three years. In addition, the distinction between Specified Worker Dispatching Undertaking (Notification System) and General Worker Dispatching Undertaking (License System) was removed, and the license system was applied to all Worker Dispatching Undertaking as an effort to improve the integrity of Worker Dispatching Undertaking. Furthermore, the revised law introduced various measures for reinforcing balanced treatment, career management, and job security for dispatched workers. Summing up, the Japanese government liberalized the dispatch worker market for both creating jobs and improving employment stability and, at the same time, sought to improve dispatched workers’ environment thorough labor supervision and institutional support by relevant administrative authorities. This implies that the Korean Act on Dispatched Workers should also be revised in a way of deregulating the use of dispatched workers for more flexible labor market and, at the same time, to improve the quality of dispatched work and reinforce the protection of dispatched workers.

 
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