일본의 고용형태에 따른 근로조건 격차시정에 관한 법리

In Korea, the government simply prohibits discrimination against temporary employees. Unlike Korea, not only does the Japanese government consider a balance between different types of employment (short-term employees, employees on fixed-term contracts, and dispatched employees), but it also prohibits unfavorable working conditions and discrimination. The Japanese laws on differences in working conditions depending on the types of employment are considered to have a multi-layered structure. In terms of a multi-layered structure, institutional balancing can be considered as common ground of the laws on differences in working conditions. It is interpreted as the basis for the prohibition of unfavorable working conditions. Even though there are differences in working conditions, it is considered as being a part of balancing. In this study, a correlation between them was investigated. Although the Japanese laws on differences in working conditions have a clear multi-layered structure for part-term employees, they merely regulate unfavorable working conditions and consider a balance for employees on fixed-term contracts while prescribing a balance only for dispatched employees. In this study, it was concluded that the laws for employees on fixed-term contracts and dispatched employees need to be revised in order to have a multi-layered structure as is the case with part-time employment laws. Unfortunately, legal improvements may not be easily achieved as it would then pertain to the reform of the entire labor market system. In order for people to live a normal life without having to be the working poor regardless of types of employment, the laws on differences in working conditions according to the types of employment should be reexamined.