비정규직에 대한 근로조건의 불합리한 격차금지 — 일본의 법개정 및 최고재판소 판결을 소재로 —

We have anti discrimination regulations about atypical workers compared with regular workers in Korea. With this, recent cases by regional courts showed that the position of atypical workers could be regarded as a social status which should not be the reason to discriminate employees. In Japan, prohibition of the unreasonable differences in the working conditions is a principle of narrowing the gaps between regular workers and atypical workers. When it comes to the standards about unreasonable differences, job content, the scope within which the job content and assigned position can be changed, and any other factors should be considered. This approach was recently more concretely reflected to the new legislation of so called “various working style” law. Supreme court of Japan also showed two new cases about making standards of unreasonable differences in working conditions, which emphasized that every single working condition should be compared and examined respectively. Compared with Korean system, Japanese has more flexible way in that atypical workers in Japan do not have to find precise comparable regular employee to prove their disadvantage. But it also has difficulty in that it contains too much discretion about judging what the unreasonable differences are.