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The collective labor relations system centering on labor unions has many problems and limitations. It is difficult to form equal working conditions for workers because of low organization rate. In addition, since unions have a limited organizational scope, it is also difficult to adjust working conditions to reflect the diverse interests of workers. It is also requested that the participation and cooperation of workers be expanded in personnel management and management matters. The workers ‘representative system should be reconstructed in a dual structure by employing workers’ representative system based on democratic representation rather than labor-oriented labor relations system. In the long run, there are many claims that it is desirable to integrate with the representative system of workers such as the German employee representation system. In particular, it is clear that the representatives of workers contribute to the protection of the interests of the large number of SMEs without labor unions. The views expressed so far have only partial differences in how the current workers' representative system and the labor-management council system in related existing law should be reconstructed in the short term, while sympathizing with these directions and improvement plans.

Under the civil law system, the individuals were regarded as free and equal each other. Accordingly, employees had equal position with their employer and the Government had the position not to engade in their labor relations. However, it has revealed that labor relations were not equal and free. The emplyees had no choice but to sell their labor in order to survive and to work under employer’s control and direaction which is called as subordinate labor relationship. The Government has begun to protect the employees who were under subordinate labor relationship with their employers by enacting the labor laws. The emplyees who were not in the subordinate labor relationship were not protected because they were regarded as free and equal and did not need any protection. In this respect, is very important because it plays a role of distinguishing one group of employees who are protected by the labor laws with the other group who are not. In korea, there is no statute which describes the concept and standard of subordinate labor relationship and only the relevant cases explain it. But, many cases do not render the unified position as to the concept and standard of subordinate labor relationship and they have several separate positions. The courts have rendered different positions between labor union law and labor standard law and between one employer and dual employers. The concept of subordinate labor relationship should be established by enacting the proper statutes.

The Occupational Safety and Health Law(“OSAH”) aims to maintain and promote the safety and health of workers through establishing safety and health standards, preventing accidents, and creating a comfortable working environment. For this purpose, the Korean Occupational Safety and Health Act has provisions to protect the health rights of workers from harmful and risk factors that may cause direct damage to human life and body. Therefore, when performing hazardous work, a person with qualifications is required to perform his / her duties. In addition, supervisors should be designated for tasks that require special risk prevention, and workers engaged in the work should be provided with special safety and health education. These systems are all aimed at achieving preventive effects on work that can cause accidents. This paper examines the countermeasures against fatal accidents in the recent frequent floating cargo lifts, car - mounted workbenches, and on - board mobile crane operations. From this point of view, it has also been proposed to improve the legal and institutional framework. Especially, The present situation of death accidents in Japan and the preceding educational system are compared and analyzed to suggest ways to reduce deaths. In the future, it will be necessary to supplement the improvement plan through surveys on actual conditions related to the work.

If the illegal dispatch is confirmed under the dispatch law, the dispatch law presupposes two legal effects. First, sanctions are imposed on the dispatching employer and the employer who are parties to the contract for dispatching workers. On the other hand, the employer is obliged to directly employ the employer in order to secure employment for dispatched workers. The duty of direct employment is to recognize the right to claim employment as a legal right to a dispatched worker. At the same time, when employers exercise the right to claim employment, employers are obliged to accept them. When a dispatch worker exercises his or her right to claim employment directly and the employer agrees to it, a direct labor contract relationship is newly formed between the dispatched worker and the employer. It does not take over a labor contract between a former dispatcher and a dispatched worker. In the formation of a new labor contract relationship, the principle of equal treatment should be applied. This is specified in the Dispatching Act. If the employer explicitly denies the employer's right to claim employment directly, there may be a problem of so-called violation of direct employment obligations under the act or omission. In this case, the dispatched worker may seek a judgment against the employer of the employer to substitute his intention of acceptance. On the other hand, the owner of the employer may exercise the right to demand compensation for violation of the duty of direct employment for a period of time until the execution of the duty of acceptance. If you were directly employed, the wage actually paid. If the discriminatory treatment of wages is taken as an example, the difference in wages should be compensated by the dispatching employer because the Article 21 of the Dispatching Law provides a compulsory minimum standard for the wage of dispatched workers. Employers of the employer may also be subject to penalties such as penalties as discriminatory treatment under Article 21 of the Dispatching Act. However, it can not be regarded as a liability for damages due to illegal acts. In order for an infringement of the wage bond of a third party (dispatched worker) to be regarded as illegal, very strict preconditions must be met.

It is the tendency of precedents that the misrepresentation of career in the past was recognized as the fair reason of dismissal so that it lapsed the employment relationship in the future. At the end of 2017(Supreme Court [S. Ct.], 2013Da25194, Dec. 22, ‧2017(Original suit), 2013Da25200(Cross-bill)), however, the Supreme Court held for the first time that the misrepresentation of career is fraud so that the employment contract may be cancelled. However, there has been a different opinion between the judgment in the Trial Court or the Appellate Court and the Supreme Court on the appeal with respect to the scope of retroactive effects on the cancellation of employment contracts. The Trial Court recognized the retroactive effect (The first sentence of Article 141 of the Civil Act) without limits, the Appellate Court limited the retroactive effect only for the period providing real services, and the Supreme Court limited the retroactive effect for the period of unfair dismissal not to provide real services so that the effect of cancellation lapsed the relationship of employment contracts only for the future after the declaration of intention of cancellation(After the service of process of cross-bill). The Supreme Court held that denying the effect of providing employees’ services done under the employment contracts in the meantime is not valid so that it is not seen that the legal relationship before the cancellation formed on the basis of employees’ services lost the effect and the effect of employment contracts only for the future after the declaration of intention of cancellation is lapsed. However, it shall be seen that a person who misrepresents a career infringes the fundamental principle of private autonomy (Freedom of contract) through inducing the defective declaration of intention to the other party by fraud action. If the employment contract is entered into by unfair fraud action, the party shall not be protected under the law of the dismissal restriction in order to protect the existence of relationships of the employment contract. Therefore, the cancellation caused by fraud does not have the requirement of fair reasons under Article 23(1) of the Labor Standards Act and the compliance of consistent notification periods. Likewise, the cancellation caused by fraud does not apply to the regulation of written notice(Article 27 of the Labor Standards Act). To be limited on the retroactive effect of cancellation is only restricted on the period provided by real services and has the evidence that it has the difficulty to pay unfair profits back and the prevention of disadvantages to a worker. If these regards are considered, the effect of cancellation in this case shall affect the retroactive effect to the period of unfair dismissal without real services so that the employee shall not require the wage of this period. The case of misrepresentation of career in the past is handled with a dismissal case so that the relationship of employment contracts is lapsed for the future, but the case of same contents is dealt with a cancellation case so that the problem of retroactive effect occurs. In fact, however, the difference on the effect is a job to endure since the cancellation system is an original system that differentiates the legal characteristic and the juridical thinking unlike the dismissal system.

The purpose of this study is to examined the contents of the research of working hour exemption in Labor Standards Law. 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. The method of the research is a comparative legal study with Germany. It will consider the contents of the Labor Hours Law in Germany(ArbZG) and to find the legislative implications for a change of § 63 in the Korean Labor Standards Law. In Germany the application was excluded for agriculture, including horticulture and animal husbandry, but the former exceptions apply no longer. Agriculture is the natural production of soil products in which the influence of seasons, climate and weather can not be eliminated, albeit through intensive soil treatment and through special facilities such as irrigation and irrigation systems, greenhouses and the use of fertilizers and other chemical agents Increase in yield and the production of high-quality plants. This also includes horticulture as a part of the original production. The EC Directive 2003/88/EC of 4.11.2003 allows for exceptions in § 17 (3) for “agricultural activities”. The groups of persons are exempted from the application of the ArbZG. Managers(leitende Angestellte) are employees who, by virtue of their employment contract and their position in the company or undertaking, carry out typical entrepreneurial tasks with their own considerable discretion. In cases of doubt, the interpretative rule of § 5 para. 4 BetrVG may be used to assess whether an employee is a leading person within the meaning of § 5 (3) no. 3 BetrVG.

The United States constitutes the federal and state government and the public officials of the federal government recognize the right to organize and the right of collective bargaining under the Civil Service Reform Act of 1978, but rights to strike are prohibited under the Taft-Hartley Act of 1947. Th public officials of each state and local government recognize or prohibit the right to organize, the right of collective bargaining, the right to strike under its statutes. First of all, the United States have improved the reliability and transparency between unions and employers through obvious and strict procedures in order that the unions proceed the procedure of collective bargaining with the employers. In addition, the political action and activity of employees in the public sector is protected in principle, but exceptionally, it is the fact that their action and activity is limited and prohibited under the consistent precondition. Furthermore, the United States protects the labor activities of public officials regulating the time-off system under the federal and state statute. Specifically, the Labor-Management Joint Committee promotes the fine and peaceful labor-management relationship as a labor-management consultative body, resolves the disputes through mediation, and contributes to the effective and constructive dispute resolution.

This study aims to provide the implications for Korean universities regarding the impact of merger on university employment by analyzing the four cases of USA. The cases were chosen because there have been more than 700 cases of university mergers in the USA since 1960s. The implications of the study are as follow. First, the national assembly should enact an act that would address the complex issues and problems of university mergers. As seen in the four cases, university mergers could have significant impact on employment rights of both academic and administrative staffers of higher education institutions. Thus, the procedures of university mergers and employment rights of academic and administrative staffers should be clearly defined by the act. Second, studies on the legal impacts of mergers on university employment should be encouraged. Whereas there have been a lot of studies on university mergers, there have been relatively few studies that address the relationship between university mergers and employment issues. Third, the issues and problems that could stem from mergers between national and private universities should be thoroughly examined since such mergers could raise new issues on changes of employment rights, which have been rarely discussed in the USA. Finally, the new act should allow academic staffers to participate in the process of university merger. Currently, only administrative staffers have bargaining groups to negotiate merger conditions. Thus, the act should ensure that academic and administrative staffers be given equal opportunities to participate in merger process.

As a whole, the amendment proposals for the entire legislature are not entirely consistent with systematic and logical coherence, and there are many cases in which the obligation of the employer and the object of the safety and health management are greatly reduced rather than the current law. In addition, there are a few cases that do not conform to the legislative ideology of the occupational safety and health law and the principles of safety and health management. We can not define crimes and punishment as arbitrators, but only criminal acts should be criminal. If a certain act is defined as a crime, there must be reasonable grounds. From this point of view, the revised proposals all extend beyond the scope of the concept and duty of the employer and the contractor, so that they do not take into consideration differences in the nature of labor contracts, contracts and contracts. From another viewpoint, there are many provisions in the revised text that define criminal acts that violate ethics and moral codes or cause harm to others only indirectly without harming others directly. However, criminalization of acts that should be moralized and merely ethically blamed is excessive criminalization. In addition, not all of the contents of the subordinate statute of the amendment have been prescribed in advance, so the law does not regulate concrete contents, and as a result, the people who have the ability to judge the average judge the scope of the act It can not be predicted what kind. In addition, there are few cases that violate the principle of boldness and overbearing as the focus is on expanding the duty of the employer and strengthening punishment. Therefore, if the legislative notice is passed without any amendment, it is expected that it will be involved in the unconstitutional lawsuit as soon as it is enforced and it will continue to be confused for a considerable period of time. And the criminal law has a lot of theoretical problems in the state of the law and the normative force is greatly damaged. As a result, it is feared that the perception that the Industrial Safety and Health Act is a law that can not be practically violated will be widespread throughout society. And the excessive expansion of the scope of the mandate can not only protect the target to be protected but also lead to the weakening of the protection of the core target. In order to avoid problems like this, the entire framework of the amendment should be elaborated again after thorough discussion and examination. In order to do this, it is necessary to have enough opinions and discussions on each side in the attitude that all revisions should be made.

Industrial accident insurance is the first social insurance system established in Italy. The law that is the basis of the current Italian industrial accident insurance system is the Unified Act (1965 June 30, Presidential Decree No.1124). The Italian industrial accident insurance system has been in effect in the form of amending and supplementing the basic law. On 23 February 2000, Article 38 of the commission act extended the coverage of industrial accident insurance for so-called quasi-dependent workers who are not legally workers. This article introduces the protection of the dependent workers in context of the industrial accident insurance system in Italy. Chapter 2 of this article introduces the basic contents and characteristics of the Italian industrial accident insurance system, and Chapter 3 examines the concept and types of the dependent workers in Italy. Based on this, Chapter 4 examines the industrial accident insurance system for dependent workers in Italy, and looks for implications for Korea in Chapter 5 conclusion.

For people with intellectual or developmental disabilities, finding a job is especially difficult. People with disabilities who cannot enter the competitive employment market will be provided training or working opportunity in the sheltered workshops(sheltered employment). Such workshops exclusively or predominantly employ only people with disabilities. Wages and working conditions in sheltered workshop are different from those in mainstream workplaces. In Korea the sheltered employment service for people with disabilities is one of the employment models which promotes and establish sheltered workshops and provides sheltered employment services for people with disabilities who are willing to work but have insufficient skills. Sheltered workshop provides sheltered support, employment transition and relevant services for people with disabilities who need shelter. The facilities in such workshops provide an accessible environment in accordance with the needs of the people concerned. The most significant Acts for sheltered workshops are Disability Welfare Act, the Employment Promotion, and Rehabilitation Act for Persons with the disabilities. Under Disability Welfare Act, sheltered workshops are required to meet minimum requirements. Sheltered workshops are divided into three types under the Disability Welfare Act, according to ability of workers. The sheltered employment service programs for people with disabilities administrated by local governments which are subsidized by the Ministry. The sheltered workshop shall, according to business needs, set up professional personnel to provide on-site assistance and counseling. The qualifications and appointment of professional staff shall be carried out according to the regulations prescribed in the Guidelines governing the appointment and cultivation of professional personnel of occupational reconstruction service for people with disabilities. The administrator will also provide them with relevant services including sheltered workshop learning adoption, job skills training, employment transition and resource assistance. At a basic level sheltered workshops suffer from a fundamental conflict of interest. As a service-provider, the workshop is tasked with helping a worker with a disability to pursue their preferred career and maximize their earnings. Even non-profit workshops are however businesses, and like any business, they will seek to maximize their profits and economic viability. Enforcement Regulations of Disability Welfare Act provides a scheme means by which workers can receive payment of below minimum wage rates. However, there is no special law setting out and protecting the rights of persons with disabilities in sheltered workshops except for several rules under Enforcement Regulations of Disability Welfare Act. Therefore, the relevant law is the Labor Standards Act, general law of employment relation. However, whether a person with an intellectual disability in a sheltered workshop qualifies as an employee under this Act is unclear. Besides, Section 7 of the Minimum Wage Act allows exemptions from the minimum wage in the case of employees whose labor ability is seriously impaired by mental or physical disabilities. An employer can obtain authority from the Employment and Labor Ministry to pay the lower wage rates permitted by law. Today, under section 7 of Minimum Wage Act, the majority of workers in sheltered workshops are paid less than the minimum wage (a minority of employers of sheltered workshops also use section 7 certificates to pay under the prevailing wage rate required by Minimum Wage Act). Most of the critics around sheltered workshops has focused on the issue of exemption of minimum wage of workers with disabilities. Sheltered workshop workers can be paid as little as pennies an hour, deriving little economic benefit from their employment. In this regard the policymakers should find alternative minimum wage exemptions for the workers in sheltered workshop, possibly through the use of maximum sub-minimum wage or the difference pay between maximum sub-minimum wage and average wage by the state. Especially workers with very low levels of work ability should be subsidized through the state. Furthermore, in order to combat discrimination, standard labor law(terms and conditions of employment such as work and rest hours, leave, Safe and healthy working conditions) must apply to workers in sheltered employment as far as possible.

The good faith principle should be applied even to the labor relation governed by labor laws because it is a continuous relationship that requires trust. The application of the good faith principle for retroactive claims of additional wage arising from an increase in the scope of the ordinary wage in ordinary wage lawsuits should be actively made considering the following. First, the historical authoritative interpretation environment for ordinary wages must be taken into account. Second, the agreement between labor and management should be acknowledged as a decision made by equal partners. Third, the management difficulty should be judged only by the unexpected burden caused by breaking trust. In particular, since collective agreements need to be given a high degree of trust, in the case of agreements under collective agreements, severe managerial difficulties should be considered only to the extend that exert an excessive burden on management.

Does the student's part-time job(student’s arbeit) stand in the same position as regular employees and non-regular employees to which the Labor Standards Law and others are applied? The reason why students work part-time is mainly for the purpose of getting pocket money, and handling as workers despite being only a side job is problematic. In its relationship with the user(or company), its dependency is also thin and solidarity is not strong. The Labor Law and the Social Security Act are trying to protect workers who work as living. Therefore, the application of labor law and social security law to student part-time jobs should be “exceptional application” rather than “principle application”. And it would be better to make a salary for student part-time jobs in a comprehensive hourly wage system that includes various allowances. The main job of the student is to study, and should establish a system of labor law and social security law which suits it.