earticle

논문검색

硏究論文

비정규직에 대한 근로조건의 불합리한 격차금지 - 일본의 법개정 및 최고재판소 판결을 소개로 -

원문정보

Prohibition of the unreasonable differences about working conditions of atypical workers

최석환

피인용수 : 0(자료제공 : 네이버학술정보)

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

저자정보

  • 최석환 Sukhwan Choi. 명지대학교 법과대학 부교수

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      ※ 기관로그인 시 무료 이용이 가능합니다.

      • 7,900원

      0개의 논문이 장바구니에 담겼습니다.