중국과 일본의 근로계약법제와 입법론적 시사점

In 2008, a labor contract law has entered into force in both China and Japan. In these two countries, individual disputes are greatly increasing due to the diversification of employment types, individual determination of working conditions, etc., in the labor market, and the legislation on individual labor relations focuses mainly on labor protection. These factors that caused both countries to introduce a labor contract law are common phenomena also found in Korea. As a result of a critical analysis of the experiences of the two countries, it was found that there are things to consider before introducing a labor contract law. First, the legislative purpose of such a law should not be to raise or lower the level of working conditions. Second, it is necessary to put in place a judicial system that can be relied upon to deal with individual disputes. Third, although what is included in a labor contract law should be decided after taking into account the circumstances of the country concerned, it is needed to eliminate causes of disputes by making the contents of the law as specific as possible. Under this assumption, this thesis makes a detailed analysis of the labor contract laws of China and Japan, and then suggests what should be legislated given the current situation of related implementation in Korea.