일본 노동조합법상 근로자성 판단의 새로운 기준― 노사관계법 연구회의 논의를 중심으로 ―

Recently, there appears various kinds of service contracts which are less controlled than traditional employment contract in Japan. This is partly because companies do not want life time contract that burdens much especially at the time of economic recessions, and partly because some workers insist more discretion at work. This changes naturally requires a new approach about understanding the concept of employees and unions under the Japanese Labor Union Act. With this, the Research Committee on Labor Law suggests new criteria on the new frame of standards about the concept of employee. Influenced by recent two Japanese Supreme Court Decisions, this new frame emphasizes on the difference with that of Labor standards Act. What is more, it contains questions like whether one is essential part of a company, whether there one has an unbalanced superiority about the contract, whether one is less controlled by an employer, whether one has character as an enterpriser or not. This new frame is now used by Japanese Court and still has much hurdles to jump. But it surely shows that with the new streams of service contract, it can be a –and a realistic-solution to the matters concerned, especially matter of protecting economically dependent contractos, and can give an inspiration to the Korean labor law system, too.