일본 지방자치단체의 공공서비스 아웃소싱과 법적 문제

This paper is intended to introduce some legal issues regarding the outsourcing of labor by local governments. The Japanese government has vigorously pursued many national policies concerning outsourcing since the 1980s with a marked trend toward neo-liberalism. With the known financial issues that arrive from outsourcing, local governments need to be cognizant of the legal problems that outsourcing creates when used on public projects from the prospective of both administrative and labor law. Conclusions are as follows: First, outsourcing produces many non-regular workers. When public services are contracted out, the working conditions of these employment contracts, such as worker’s healthcare compensation, generally decrease. Special policies are required to address the needs of the “working poor” in regards to the outsourcing of labor. Second, the outsourcing policy of the central government may come into conflict with the autonomy of the local government. Third, outsourcing creates problems regarding camouflage contracts or an unlawfully dispatched work. Forth, it is important that when the local government contracts out public services, the supervisory responsibility for those services remain inside government jurisdiction. In some cases, a public officer or the local government may need to have a criminal or a civil responsibility for this supervisory duty. Finally, where a local government establishes a company with private capital for the construction or facility management of a public facility, the government generally vouches for damages that come to the private capital side. In this case, an official in the local government may take a civil responsibility for the oversight of this outsourcing.