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In modern society, it much appears for workers to a mental disability because of stress and overwork. It is the key problem whether suicide caused by work stress and overwork of workers is accepted to the 'industrial accident' or not. Industrial injuries compensation system in korea, only suicide in the statue of the mental disability is accepted by authorities agency to the industrial injury. And suicide caused by the overwork will be accepted to the 'industrial injury' only if it would have caused by his or her employment. It is not important whether he or she is situated on a mental disability. It is more important to prevent workers from suicide than post remedy. Therefore, the employer should notice a mental and physical health of the workers to prevent the suicide caused by employment.

In 2008, the korean economy has suffered a great crisis in terms of scale, duration and its effect. In order to overcome this crisis, the representatives from management, labor, government and citizens came together and reached an social agreement in February 23, 2009. The main contents of the social agreement are that the management renders the employment stabilization while the labor endures the wage reducement. Several statistics show that this social agreement brings about the positive effect on the Korean economy. However, the financial industry could not reached a same kind of agreement, because the labor and the management distrusted each other. The labor insisted on that the government should not unlawfully interfered with the collective bargaining between labor and management and that the management should not insist on unilateral sacrifice of labor through wage reducement. The management argues that the financial industry labor has received too much higher wage compared with other industry labor and that this justifies wage reducement. In this context, main issues of thesis are concentrated on two respects. First, from the economic point of view, can the labor wage reducement in the financial industry be justified to overcome the Korean economy? This part will analyze the balance of economic efforts between wage reducement and employment stabilization. Second, from the legal point of view, the legality of wage reducement will be examined whether or not the interference of government on the collective bargaining in the financial industry can be justified under the Korean Constitution. In addition, the wage reducement, whether or not under the Korean labor law can be legalized under the unilateral change on "working rules" by the management, will be examined.

In Korea, a worker’s sacrifice was especially emphasized by high level of economic growth policy. Recently, there is a tendency that workers’ death from overworking (Karoshi), including adult sudden death syndrome, has been increasing because of anxiety of employment under rapidly changing industrial workplace environment. Karoshi is not a word speaking a legal concept strictly, but a word speaking generally in society. It is the state that a worker died of physical overexertion or mental stress. A legal meaning of Karoshi depends on whether death resulted from occupational overworking is applied in the Industrial Accident Compensation Insurance Act (IACIA) or not. Occupational accident is prescribed in the current IACIA, and Karoshi is one type of it. In order to meet requirement for Karoshi, the deceased should be one of the workers who are prescribed in IACIA, and the work also should be prescribed in the same law. For judging of Karoshi, we must find out that the worker did overwork, and the connection between the casual disease and the overwork. It is important that the related disease was caused or worsen by overworking. Also it is important that we should demarcate the range of diseases. In Korea and Japan, they think that the casual diseases of Karoshi are cerebral and cardiac ones. However, it was more specifically described in Japan. Karoshi has been acknowledged as not only the cerebral and the cardiac diseases but also hepatic and pulmonary diseases by precedents. However, in cases of stomach or lung cancer, precedents don’t acknowledge them as Karoshi because it is unable to prove the connection between the diseases and overwork with the latest medical knowledge. Precedents also don’t acknowledge an adult sudden death syndrome as occupational diseases because of unclearness of cause.

To comply with the era of the global economy, labour law should be more flexible and support the productivity and competitiveness of the enterprise. Rather than thought of one-sided protection for employees, only labour law that respects the orders of competition and coincides with the orders of the market economy can contribute to job creation and unemployment reduction. Therefore, this new labour law can promote efficiency and equity and at the same time, adjust the relationships between employers: employers and employees; and the employed(insiders) and the unemployed(outsiders). In a broad sense, the employment is created by outside of corporation even if there is a limit on the assumption of corporation. The theory of corporate governance as take a serious view of stock holder's interest is a potential of change taken notice of importance in a outside corporation employment. And corporate governance has shifted from its traditional focus on agency conflicts to address issues of ethics, accountability, transparency, and disclosure. The corporate governance is being linked more and more with business practices and public policies that are stakeholder-friendly. The Corporate Social Responsibility(CSR) is essentially a concept whereby the companies integrate the social and environmental concerns in their interaction with their stakeholders. The development of CSR reflects the growing expectations of the community and stakeholders of the evolving role of companies in society and the response of companies to growing environmental, social and economic pressure. The CSR relate to the employment and labor relations means that the companies should be responsible for the protecting the social and economic welfare and the rights of their employees.

本稿は、韓国において、労働者に対する使用者の平等待遇義務は、人権の普遍性に根拠する憲法の社会権ないし社会国家原理に基づき、経済・社会領域において事実的平等を実現するための目的として定立された使用者の義務であることを検討した上、同一価値労働同一賃金原則は国内法的には強行法規として、国際法的には公序として定着しており、また裁判規範として承認されていることから、私的自治を裁量は非常に制限されていることを明らかにした。 更に韓国は、同一価値労働同一賃金原則を規定したILO100号条約と111条約をすでに批准しており、それと共に男女雇用平等法8条および非正規職保護法8条の規定によって非正規職にも同一価値労働同一賃金原則が適用されるという点も論及した。しかしながら、裁判所は、同一価値労働の判断基準である＇技術＇＇労力＇＇責任＇＇作業条件＇のなか、＇責任＇に重点をおくことや年功序列的な賃金制度のもとでは、正規職と非正規職との間では労働の同一＇価値＇を認めてもらうのが非常に難しいことをも述べた。このような裁判所の態度と含め韓国の現況を考慮して、非正規職の差別をなくし、差別的処遇禁止を押し進めるためには同一価値労働同一賃金原則を基礎としながら正規職と非正規職の枠を越える新たな公正賃金制度を樹立することが課題であると主張した。

The Trade Unions Act, 1926 has some shortcomings in the provisions of formation and recognition of trade unions. They are (a) no provisions for statutory union recognition; (b) lack of the method for ascertaining union membership; (c) to allow the trade union to enroll outsiders as members; (d) no prescription of the time limit within which the Registrar of Trade Unions is to grant or deny registration, etc. The Government of India has, however, not exerted itself to correct these shortcomings for more than 80 years and has perpetuated a weak and divided labour movement. And moreover, as long as the Industrial Disputes Act, 1947 gives to Labour Ministers or Chief Ministers the plenary power to settle industrial disputes, workers will continue to be dependent on outside politicians who have contacts at these Ministers. All this has seriously vitiated not only the trade unions but the industrial scene in India as a whole. Strikes and lock-outs are rampant, although they are almost always illegal. Occasionally there is violence and bloodshed. The Government of India, as the owner of various public sector industries as well as major service industries, is to accept the trade unionism and immediately ratify the ILO Convention on Freedom of Association and Protection of the Right to Organize, 1948 and the ILO Convention on the Right to Organize and Collective Bargaining, 1949. For the first and foremost step to implement all the labour welfare laws as laid down in the ILO Conventions, it has to introduce at once the following changes in the Trade Unions Act: (a) de-linking trade unions from the clutches of politicians by not allowing outsiders to be members of the executive or office bearer of any registered trade union; (b) not to register workers trade unions having less than 15% of the total number of workers of the industry as its members; (c) to make provisions for compulsory recognition of trade unions by the employers; (d) to make provisions for time bound registration of trade unions; (e) to have a consolidated law which would deal with not only trade unions but also unfair labour practices and machinery of settlement of industrial disputes.

The worker dispatch means that a sending employer hires a worker and dispatches the worker to a using employer while maintaining employment relation so that the worker works in the business field of the using employer according to the worker dispatch contract. Therefore, employment is inconsistent with use in the worker dispatch relation. In the case of the intra-subcontract, a worker works in the business field of a contractor other than the business field of an employer, so employment is often inconsistent with use. In both cases of the worker dispatch and the intra-subcontract, the worker works in the business field of the using employer or the contractor. In the case of the worker dispatch, the using employer has the supervisory power as a rule. However, in the case of the intra-subcontract, the contractor has no supervisory power. Nevertheless, since the supervisory power can be variously exercised in practice, the acts of the contractor may be substantially identical to the supervisory power although these acts are not regarded as the supervisory power itself. That is, it is very difficult to distinguish the acts of the contractor from the supervisory power. The worker dispatch and the intra-subcontract are subject to different types of laws and rules, respectively. That is, the worker dispatch is subject to the worker dispatch act. However, in the case of the intra-subcontract, the employer's liability is imposed only to the employer under the labor laws, and the contractor is free from the employer's liability. Therefore, business proprietors may prefer the disguised contact, which is disguised as the intra-subcontract, in order to avoid the user's responsibility under the labor laws. After the registration of the worker dispatch act, the social issue is focused on the illegal dispatch or illegal subcontract other than the worker dispatch itself. The main problem under disputation relates to the counter-party in the employment relation of the dispatch worker. This is because most dispatch workers assert the unfair dismissal and the unfair labor practice based on the employment relation with the contactor. Therefore, this thesis will study on the legal effect and problem and legislation for protecting dispatch workers in relation to the disguised contact, which is disguised as the direct employment relation, and labor relationship in the illegal dispatch that violates the worker dispatch act.

중국의 개혁개방과 시장경제의 발전과정에서 근로분쟁사건의 급속한 증가는 물론, 개별근로관계에서의 분쟁과 노사관계로 인한 집단적인 분쟁의 유발은 사회질서의 안정에 악 영향을 주었다. 한편 기존의 <中华人民共和国勞動法>(1995년 1월 1일부터 시행)은 근로자의 합법적인 권익보호와 노사분쟁의 해결책으로서 그 역할을 제대로 하지 못하였으며 서면근로계약체결의 비율이 낮고, 근로계약의 기한이 짧으며, 근로자의 합법적인 권리와 이익이 제대로 보호를 받지 못하는 등 수 많은 문제들이 나타났다. 이러한 현실에 감안하여 중국에서는 1994년부터 <中華人民共和國勞動合同法>(이하 <노동계약법>이라 약함)에 대한 입법 작업을 시작하였으나 한동안 관련 법률제정의 미비로 말미암아 중단되기도 하였다. 2007년 6월 29일, 사회 여러 계층의 의견을 광범위하게 수렴하고 입법기관의 4차례나 되는 심의를 거친 <노동계약법>이 드디어 중국 제10기 전국인대상무위원회 제19차 회의에서 통과되었다. <노동계약법>의 제정과정을 볼 경우, 논의의 초점으로 된 것은 이른바 근로자에 대한 ‘일방적인 보호’냐 아니면 근로자와 사용자(<중국노동계약법에서는 ‘用人單位’로 표현됨)에 대한 ‘양측 보호’냐 하는 문제였는데 이는 <노동계약법>의 입법취지와 관계되는 중요한 것이었다. 치열한 논쟁과 토론을 거쳐 중국 입법당국에서는 결국 노사관계에서 약자인 근로자에 대한 보호에 중점을 두기로 하였으며 그 취지를 제1조에서 “근로계약제도를 완벽히 하여 근로계약 쌍방 당사자의 권리와 의무를 명확히 하고 근로자의 합법적인 권익을 보호하며 조화롭고 안정적인 노동관계를 구축, 발전시키기 위하여 이 법을 제정한다.”라고 하였다. 상술한 입법취지는 <노동계약법>의 전반에 구현되고 있는바, ① <노동계약법>의 조절을 받아야 할 사용자 주체 범위에 대한 확장, ② 노동관계 성립의 기산점과 서면근로계약을 체결하지 않은 사용자에 대한 제재, ③ ‘試用期間’에 대한 남용 방지, ④ 근로자의 신분증빙서류에 대한 압류와 보증금 및 재물 수취에 대한 금지, ⑤ 무기한 근로계약에 대한 규범을 통한 근로계약 단기화에 대한 방지, ⑥ 근로계약 해제권, ⑦ 비전일제고용에서의 근로관계 등 주요내용에서 잘 나타나고 있다. 아울러 상술한 주요내용으로부터 <노동계약법> 특징도 도출해낼 수 있다. 전문적인 단행법의 형식으로 근로계약제도에 대하여 전면적이고도 체계적인 규정을 두고, 근로자의 합법적인 권리와 이익을 수호하는 데 명확한 법률적인 보호를 제공하고 있으며, 고용형식에 대한 규율을 통하여 사용자의 불법행위를 단속하는 등 중국의 근로관계를 제도적으로 규율하였다는 데 그 의의가 있다고 할 수 있다. <노동계약법>은 근로자의 합법적인 권리와 이익에 대한 보호 기능을 하고 있다는 것은 의심할 나위가 없다. 그러나 중국 노동력시장제도의 미숙과 근로관계에 대한 이론과 실무의 부족으로 말미암아, 또 다양한 현대 고용행위의 배후에 있는 정치, 경제 및 문화적인 요소들로 말미암아 근로자와 사용자 이익의 균형 유지에 있어서 적지 않은 문제점들이 존재한다. 심지어 어떤 경우에는 근로자에 대한 과도한 보호로 인하여 사용자에 대하여 너무 가혹한 의무를 부과하는 현상도 나타나고 있는바, 노사쌍방의 이익을 고루 배려할 수 있는 보다 이성적이고 과학적인 근로관계를 수립함으로써 조화롭고 안정적인 근로관계를 구축하고 발전시켜나가도록 하는 것이 <노동계약법>의 향후의 과제라고 할 것이다.

世界化の流れの中で、ASEAN(東南アジア諸国連合)経済圏が出現し経済のハブとして、韓国の生存戦略が重要となりつつある。最近では、韓国と中国の自由貿易協定(FTA)交渉に備え、韓国の労働基準の設定方法に対する議論をさらに加熱させている。ところで、中国における国際労働基準の遵守現状に対する本格的な研究は、韓国国内ではいまだに皆無である。 本稿においては、今後韓中のFTAにおける労働章(labor chapter)の交渉に備えて、中国の中核的な協約の履行現状を研究し国際労働基準に調和するように法制化を整備し、韓中FTAを協定する際、労働分野における法の改正をめぐる攻防が交渉過程において有利になるための方策を導きたい。本稿の進み方は、韓国と中国がFTAを推進する際に、まずFTA協定における背景、米国とのFTA締結の経験、韓国と中国の労働法制度の改革を考察する。また、ILO(国際労働機関)の宣言及び韓中ILO協約の批准状況と改善点を見てみる。そして、韓中FTAの締結の際における労働協定に対し、韓中FTA締結の必要性と現況、中国とのFTAを結ぶ際に予想される争点と対応方策について考えてみる。 結論として、韓中FTAを締結際に｢労働章(labor chapter)｣において国際的に認定された労働基準の遵守のために努力しようとしている内容には大きな問題はない。かかる過程は、中国に進出している韓国企業を守るために、現在の中国労働法を研究し、中国が国際労働基準に編入されることによって発生しかねない諸問題に備えなければならない。これを通じてFTAを積極的に活用して市場を拡大させ、競争力を強める契機となることを期待する。

There is a lot of discussion on the teaching method at law under the Korean law school system. This discussion is resulted from the reflective consideration on the teaching methods conducted widely at undergraduate law lecture level. The main critique on the classical method is that it inclines to theory education too much, not solving the real legal problems relevantly. Not a few scholars have been suggesting case method teaching and problem based lecture, answering this challenge. This article deals with the case method of teaching which optimizes lecture process and efficiency. By the way, when one adopts case method to law lectures, there may be various specific ways of adoption as many as the number of lecturers. Though the manner this article is introducing is only one type of them, the researcher of this article carried out an actual lecture with new case method of teaching, which helped strengthen the credibility of the research outcome. The actual lecture was done in first semester(2008) and 24 students took this class. The lecture process has 5 steps to organize the class systematically and communicate the legal points to the students, using judicial precedents. To evaluate the scholastic achievements and satisfaction of students objectively, the researcher conducted three surveys composed of a few questions, requiring students to give grade on a scale from 1 to 10 and compared the scores of the intermediate examination and those of the final examination. This research suggests following 6 recommendations about the case method of teaching at labor law. First, before lecturing a main legal theory, cast a question connected with the theory on the students. Second, sum up the correspondence hand out by 2 pages. Third, when explain the judicial precedents to the students, stressing out the important points clearly. Fourth, motivate the students to be active in the quiz at the end of lecture. Fifth, be confident of special effect of this teaching method. Finally, develope the various types of examination questions to evaluate the students objectively.

With the increase of alien labors and their activities within Korea, the matters of alien protection and expursion has become a social problem. But the contents of protecting rights and interests of alien labors were not included in removal procedures, as other parts of the Korean Immigration Laws. This paper has been studying various elements of executing removal procedures with more regard to a lot of difficulties of alien labors being removed. The Non-staying principle of Execution was adapted by the Administrative Litigation Act and the Administrative Appeals Act, bet it is necessary to restrict that principle. In main issue of this paper, I emphasized that noncitizen suspect has the right to appeal by Administrative Appeals Act, apart from the Korean Immigration Laws, and the decision whether the suspect is removed or not is made by judicial procedures apart from the execution body. It means 'division of examination body and execution body' and 'accomplishment of removal hearing' in reference to the Immigration and National Act of US. And in this paper I proposed 'Remedial Measures' which is ruled by judicial part. To put it concretely, suspending of execution or effect of removal measure is indispensable and efficacious to the noncitizen labors who were arrested by the immigration officers.

I intended to study a comparative research with respect to disciplinary and other discriminations between the public sector and the private sector. Conclusions are as follows: First, the guarantee of the public servant's status is provided in our constitution, article 7. The disciplinary and other discriminative treatments to the public servants, however, can be taken to maintain internal order in public official society. By the way, at the same time, these treatments can not be justified always. Here the appeal procedure is provided by the Government Official Act or the local Government Official Act to recover the public servant's rights from the disciplinary and other disadvantage treatments. In another way, the dismissal of the employee by its employer is restricted by the Labor Standards Act. Second, kinds of the disciplinary and other disadvantage treatments against the public servants are provided in law concerned, but those of employees in the private sector are provided in the rules of employment which employer makes etc. An agreement or opinion of the disciplinary committee is required to dismiss the public servants by the appointer, but it is not required in the case of the employees in the private sector. Third, the judging institution for the public servant is established within a same public organization. But in the case of the employee in the private sector, the judging institution for the employee is established in an independent organization, and is also operated independently. Finally, a legal status of the public servant is more advantage than that of the employee in the private sector in the case of disciplinary and other disadvantage treatments, Because the disciplinary and other disadvantage treatments are regulated by the law strictly. Employees in the private sector, however, are more advantage than that of the public servant in the appeal procedure, because the judging institution for employees in the private sector is an independent organization, and it has also a reconciliation process as well as judgement.

Industrial Accident Compensation Insurance benefits is a principle that is paid by criteria the worker's average wage who is suffered a disaster. However, if Industrial Accident Compensation Insurance benefits is calculated by criteria the worker's average wage who is suffered a disaster, income redistribution's function is weak that it is paid the disparity of his average wage. The maximum standard amount of compensation was introduced by the purpose of improving the disparity. Although the worker's wage who is suffered a disaster is higher than the maximum standard amount of compensation, it is paid by criteria Industrial Accident Compensation Insurance benefits' ceiling. Industrial Accident Compensation Insurance benefits is limited that it can't get off the character of damages entirely , unlike other social insurance. Our country chooses the competition adjustment method between Industrial Accident Compensation Insurance benefits and compensation for damages system for preventing the same disaster's duplication compensation. At this time, an amount of the compensation for damages is more increased as a business proprietor isn't subtracted Industrial Accident Compensation Insurance benefits about the amount which exceed the maximum standard amount of compensation. This burden is a structure which still exists a burden exceeding the principle of insurance. Therefore a business proprietor's property right is infringed by the maximum standard amount of compensation, in fact.