단시간근로관련 일본의 최근 제도와 우리나라와의 비교고찰 (Research on the Japanese Regulation on Part-Time Workers)

서지정보

· 발행기관 : 한국사법학회
· 수록지 정보 : 비교사법 / 14권 / 1호 / 627 ~ 672페이지
· 저자명 : 김재훈

초록

In Japan, the number of part-time workers has been increasing steadily. Like ordinary workers, part-timers are covered by all labor laws except for certain matters for which special regulations are provided, namely employment insurance, health insurance, employee pension insurance and income tax.
As far as wages are concerned, in Japan, there is no required correlation of wages to work performed. Wages in Japan are generally perceived as compensation for a worker's entrustment of his labor to the employer rather than as direct compensation for some specific work performed.
It follows that there is a notable difference between a complete entrustment of one's labor to the employer, in the case of a regular workers, who is expected to comply with overtime orders and transfer orders, and a part-time worker, who is not expected to follow such orders when or if they are issued. Thus, notwithstanding the fact that part-timers and regular workers may be performing the same work, a court may regard the wage disparity as being justified by the extent to which the worker surrenders his right to control the disposition of his labor.
However, this does not apply to cases where the manner in which both regular and part-time workers entrust their labor is identical. In the Part-time Work Guidelines, the Ministry of Labor recommended treating such quasi-part-timers appropriately as regular workers are treated.
And several measures which activate the employment of part-timer are carried out. Those cover measures of Employment Insurance Law, Employment Security Law and Tax Law. The reform measures for Korean Part-timer regulation can be prepared referring to these verified measures.

영어초록

In Japan, the number of part-time workers has been increasing steadily. Like ordinary workers, part-timers are covered by all labor laws except for certain matters for which special regulations are provided, namely employment insurance, health insurance, employee pension insurance and income tax.
As far as wages are concerned, in Japan, there is no required correlation of wages to work performed. Wages in Japan are generally perceived as compensation for a worker's entrustment of his labor to the employer rather than as direct compensation for some specific work performed.
It follows that there is a notable difference between a complete entrustment of one's labor to the employer, in the case of a regular workers, who is expected to comply with overtime orders and transfer orders, and a part-time worker, who is not expected to follow such orders when or if they are issued. Thus, notwithstanding the fact that part-timers and regular workers may be performing the same work, a court may regard the wage disparity as being justified by the extent to which the worker surrenders his right to control the disposition of his labor.
However, this does not apply to cases where the manner in which both regular and part-time workers entrust their labor is identical. In the Part-time Work Guidelines, the Ministry of Labor recommended treating such quasi-part-timers appropriately as regular workers are treated.
And several measures which activate the employment of part-timer are carried out. Those cover measures of Employment Insurance Law, Employment Security Law and Tax Law. The reform measures for Korean Part-timer regulation can be prepared referring to these verified measures.

참고자료

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