• Journal of the Korea Construction Safety Engineering Association
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• s.23
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• pp.120-129
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• 1997

여기에 수록하는 노동관계법은 1997년 3월 13일 공포된 근로기준법(법률 제5,311호) 등을 1996년 12월 31일 공포된 법률과 비교 작성한 것이다.

• Korea Petroleum Association Journal
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• no.2 s.192
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• pp.34-34
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• 1997

• Journal of the Korean Catholic Hospital Association
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• v.21
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• pp.41-42
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• 1990

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.33-37
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• 2008

건설생산체계 개편의 일환으로 논의되던 시공참여자 제도가 2008년부터 폐지됨에 따라 전문건설업자는 시공참여자에게 재하도급을 주어 노무관리를 일임하던 구조에서 탈피하여 십장 및 그 소속 근로자를 직영 근로자로 고용해야 한다. 이는 전문건설업자의 유.무형 부담을 가중시켜 기업경영의 어려움을 초래할 가능성이 높다. 이와 같이 경영상의 어려움을 최소화하기 위해 전문건설업자가 채택할 수 있는 최선책은 팀제생산방식의 장점을 살리면서 작업능률을 최대한 발휘할 수 있는 건설 노무인력 임금체계를 모색하는 것이다. 이와 같은 건설 노무인력 임금체계로 제2안(팀장과 팀원 모두 고정급형 성과급제 적용)과 제3안(팀장과 팀원 모두 순수 성과급제 적용)이 가장 적합하다. 팀장과 팀원 모두에게 고정급형 성과급제 또는 순수 성과급제를 적용함으로써 팀장(십장)의 긍정적 기능을 유지하면서 건산법 및 노동 관계법상의 근로자 지위를 보장하여 건설 노무인력의 수급안정과 직업 안정성 확보에 기여할 수 있다. 또한 일정 수준 이상의 노동생산성을 확보하여 전문건설업자의 과중한 경영부담을 다소 해소할 수 있을 것으로 기대된다.

• Journal of Engineering Education Research
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• v.18 no.1
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• pp.20-30
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• 2015

The recent increase of wages is considered to be the result of lawsuits on ordinary wage expansion and the reduction of working hours. This may enlarge the wage gap between enterprise and small business, and thus worsen the insufficient supply of workforce to small businesses. Therefore, it is necessary to provide strategies to control the increase of wages in order to resolve the difficulty in the industrial workforce supply and to enforce the industrial competitiveness.

• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.