근로계약 과정에서 나타나는 당사자 합의의 해석 - 일본의 포괄임금제 관련 판결을 소재로 한 검토 -

Employment contract is baseed on the mutual agreement just like any other contract. But it is modified by mandatory regulations, at each stage of process of contract, especially about decisions and changes of time and wage. Recent debates about employment contract suggest that it should deal with various type of contracts which is individualized so much compared with those of old tiem typical contract. But it is also true that this is an attempt to be deregulated from rigid protection of employment law. This is to analyze the range and effect of mutual agreement in the course of employment contract. It focuses on the time and wage, traditional theme of employment protection law, and is now considered as an object of agreement. Blanket Wage System is good example of deregualtion by agreement, and is criticized as a loop hole of employee’s protection. Recent Japanese cases deals with this issue, strictly sets a limit on this type of agreement, enables interpretation and formation of expressions of the parties by court. Overtime work is everyday life and addional payment is not strictly calculated by the name of Blanket Wage System. Stances of Japanese cases could be an inspiration about this issue in Korea.