지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Most of important Korean labor laws were legislated during Korean-war (1950~1953). That time was a period of political upheaval, so there is not enough time to investigate and to discuss about the legislation. As a result, Korean government drafted the first Korean labor law referring the Japanese labor laws that had applied to Korea in Japanese colonialism.
Therefore, there are a lot of similarities in labor disputes settlement system as well as labor law system between Japan and Korea. For example, in Korean Labor Relations Commission, General Court and Labor Inspection Office are common resolution systems of labor disputes like Japan.
On the other hand as time has passed, Korean labor disputes resolution systems have changed slowly and Korean system have the different feature. For instance, Korean Labor Relations Commission had started as labor disputes resolution system in order to adjust labor disputes and judge unfair labor practices. In other words, Labor Relations Commission was only system which settled collective disputes until 1989. When individual labor disputes increased rapidly from 1980’s, Labor Relations Commission became to treat even individual disputes like unfair dismissal by revised Labor Standard Law in 1989.
As a result, Korean Labor Relations Commission even came to handle individual disputes like unfair dismissal as well as collective disputes. Furthermore, Labor Relations Commission even deals with a discrimination problem against the irregular workers with legislation of Irregular Worker Protection Law (IWPL) in 2007.
On the other hand, there are some structural problems, because Korean Labor Relations Commission was established as the system which settled collective disputes primarily. For example, the character of discrimination disputes that Labor Relations Commission came to handle in recent is different collective disputes. Therefore, if Labor Relations Commission needs know-how and technique in order to settle new type disputes.
Therefore, Judicial Reform Committee (JRC) which was made advisory body to promote judicial reform under former administration proposed reform of Labor Relations Commission and introduction of a Labor Court System. By the way, as the opinions of labor and management bodies and Labor Relations Commission were different, the proposal wasn’t carried out.
Nevertheless, Korean Labor Relations Commission which settles individual labor disputes like unfair dismissal plays its role sufficiently. Lastly, when talking about reforming Japanese Labor Relations Commission, such a kind of view would be helpful.
Therefore, there are a lot of similarities in labor disputes settlement system as well as labor law system between Japan and Korea. For example, in Korean Labor Relations Commission, General Court and Labor Inspection Office are common resolution systems of labor disputes like Japan.
On the other hand as time has passed, Korean labor disputes resolution systems have changed slowly and Korean system have the different feature. For instance, Korean Labor Relations Commission had started as labor disputes resolution system in order to adjust labor disputes and judge unfair labor practices. In other words, Labor Relations Commission was only system which settled collective disputes until 1989. When individual labor disputes increased rapidly from 1980’s, Labor Relations Commission became to treat even individual disputes like unfair dismissal by revised Labor Standard Law in 1989.
As a result, Korean Labor Relations Commission even came to handle individual disputes like unfair dismissal as well as collective disputes. Furthermore, Labor Relations Commission even deals with a discrimination problem against the irregular workers with legislation of Irregular Worker Protection Law (IWPL) in 2007.
On the other hand, there are some structural problems, because Korean Labor Relations Commission was established as the system which settled collective disputes primarily. For example, the character of discrimination disputes that Labor Relations Commission came to handle in recent is different collective disputes. Therefore, if Labor Relations Commission needs know-how and technique in order to settle new type disputes.
Therefore, Judicial Reform Committee (JRC) which was made advisory body to promote judicial reform under former administration proposed reform of Labor Relations Commission and introduction of a Labor Court System. By the way, as the opinions of labor and management bodies and Labor Relations Commission were different, the proposal wasn’t carried out.
Nevertheless, Korean Labor Relations Commission which settles individual labor disputes like unfair dismissal plays its role sufficiently. Lastly, when talking about reforming Japanese Labor Relations Commission, such a kind of view would be helpful.
목차
Ⅰ. 문제제기
Ⅱ. 재판 외 노동분쟁해결시스템의 개관
Ⅲ. 노동분쟁해결시스템의 문제점과 개선책
Ⅳ. 결론 - 일본의 법제도와의 비교를 중심으로
참고문헌
【Summery】
참고문헌 (5)
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UCI(KEPA) : I410-ECN-0101-2010-360-003048219