일본의 고용형태를 이유로 한 차별 금지 법제에 관한 연구

Every country has a legislation prohibiting discrimination against casual workers to cope with widening disparity between casual workers and permanent workers. The way that legislation regulating discrimination is different in Korea and Japan, even though their wage system and personnel management is very similar. In this regard this paper aims to review how the Japanese legislation prohibiting discrimination against casual workers developed, and what is the standard for resonable cause of unequal treatment. The Japanese legislation prohibiting discrimination against casual workers had been made gradually through discussion among labour law professors. The debate originated from the issue on whether casual workers were able to be regarded as the social status mentioned in the article 3 of Labour Standards Law. It moved to the issue that the principal of equal pay for equal work could be regarded as public order and standards of decency. Through dialectical process among theories, balanced treatment principal was settled down as a principal of law to deal with equity between casual workers and permanent workers in Japan. The concept of balanced treatment principal is considering significantly Japanese labour practice, and it can be said to be superordinate concept that includes parity of treatment. This paper makes proposals based on the Japanese Legal System prohibiting discrimination against casual workers. For example, it is necessary to establish rules enhancing casual workers’ comprehension about labor condition to prevent conflict. Also a committee composed of both employer and casual workers is needed to introduce to help them resolve conflict by themselves. In terms of what is the standard for resonable cause of unequal treatment, representing it by types according to purpose and nature of labour is helpful to lessen abstractness.