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학술논문기업법연구2003.06 발행KCI 피인용 1

일본의 항만노동법과 하역근로자의 보호

Harbor Labor Law and the Protection of the Longshoremen in Japan

고준기(군산대학교)

13권, 327~346쪽

초록

This thesis has reviewed the establishment and the developmental process of the Harbor Labor Law in Japan, and the hiring situation and the institutional characteristics of the Japanese harbor labor. It has also presented the major contents of the Japanese Harbor Labor Law. Being based upon these reviews, it was studied how the Japanese lessons and suggestions can be used effectively for the making of those kinds of laws in Korea. Firstly, the most notable characteristic of the Japanese Harbor Labor Law is that the main workers working for the cargo-handling company are to be hired as ordinary workers. However, they can be temporarily released for the labor which is inevitably demanded by the fluctuation of the harbor labor forces. It can make a good contribution to the institutional solution of the surplus labor forces drifting among the companies. According to these policies, it is possible for cargo-handling companies to utilize their work forces, and for the harbor workers to promote the stability of their employments. Secondly, Korea and Japan have established their own systems independent of each other. Therefore, Korea is unable to import hastily the Japanese model without any modification because the institutional bases and characters of the harbor works in Korea are very different from those in Japan. Thirdly, it is very suggestive to Korea that Japan has established the independent law and is putting it into operation in order to protect the harbor workers (=longshoremen). Korea must establish the independent laws for the comprehensive protection of the harbor workers.

Abstract

This thesis has reviewed the establishment and the developmental process of the Harbor Labor Law in Japan, and the hiring situation and the institutional characteristics of the Japanese harbor labor. It has also presented the major contents of the Japanese Harbor Labor Law. Being based upon these reviews, it was studied how the Japanese lessons and suggestions can be used effectively for the making of those kinds of laws in Korea. Firstly, the most notable characteristic of the Japanese Harbor Labor Law is that the main workers working for the cargo-handling company are to be hired as ordinary workers. However, they can be temporarily released for the labor which is inevitably demanded by the fluctuation of the harbor labor forces. It can make a good contribution to the institutional solution of the surplus labor forces drifting among the companies. According to these policies, it is possible for cargo-handling companies to utilize their work forces, and for the harbor workers to promote the stability of their employments. Secondly, Korea and Japan have established their own systems independent of each other. Therefore, Korea is unable to import hastily the Japanese model without any modification because the institutional bases and characters of the harbor works in Korea are very different from those in Japan. Thirdly, it is very suggestive to Korea that Japan has established the independent law and is putting it into operation in order to protect the harbor workers (=longshoremen). Korea must establish the independent laws for the comprehensive protection of the harbor workers.

발행기관:
한국기업법학회
분류:
법학

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일본의 항만노동법과 하역근로자의 보호 | 기업법연구 2003 | AskLaw | 애스크로 AI