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초록· 키워드
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In 2006, I introduced the Japanese Labor Trial Act which went into effect on April 1 in the same year. The purpose of this article is to introduce successful aspects and problems of the Act in view of the process of operation of the Act.
As is known well, the Act has been enacted in other to resolve only individual labor relation disputes that are increasing rapidly, remarkably in recent years in Japan. According to the Act, the Labor Trial Committee takes charge of resolving individual labor relation disputes that the party to those disputes petitions for. The Committee is composed of three members. They are, namely, a justice presiding the Committee, a member representing employee, and a member representing employer respectively.
What aspects are pointed out as successful and what problems were raised from the operation of the Labor Trial System?
First, successful aspects are as follows:
① Above all, it is noteworthy that the individual labor relation disputes have been resolved speedily by the Committee.
② A Justice and another members of the Committee, lawyer who act for the parties to individual labor relations, and the parties all contributed their efforts to make this trial system successful that is a very unique system in the world.
It is also notable that many times had Tokyo District Court and lawyers meetings to make this Labor Trial System a success. In another way, the Committee also did its efforts to promote flexibility in operating the System, that is, the expansion of the objects of the Labor Trial, and the oder of payment instead of reinstatement etc.
The Committee members all keep well, furthermore, fairness and neutrality in the process of the Labor Trial.
Next, problems raised from the process of operation of the Act are as follows:
① Women members of the Labor Trial Committee should increase. The great majority of the members of the Committee are men. Only 33 out of 997 members were women in 2006.
② The Committee strongly encourages reconciliation to resolve individual labor relation disputes speedily. Compared to the remarkable dispute resolutions by reconciliation, a court (judicial) decision with respect to the rights and the obligations of the parties to individual labor relations may be apt to be treated more strictly. It will be an important problem how to respect or recognize the rights and the obligations decided by the reconciliation as strictly as those in a court (judicial) decision.
③ Courts keep a negative position against the joint petition or the merge of petitions in principle. An employee party, however, has a strong dissatisfaction to such a position of Courts.
④ It is a problem how to make easy the access to the Labor Trial for the parties to the individual labor relations. Agent for admission, admission for attendance, union's participation in petition by its members etc., for example, can be considered to resolve this problem.
As is known well, the Act has been enacted in other to resolve only individual labor relation disputes that are increasing rapidly, remarkably in recent years in Japan. According to the Act, the Labor Trial Committee takes charge of resolving individual labor relation disputes that the party to those disputes petitions for. The Committee is composed of three members. They are, namely, a justice presiding the Committee, a member representing employee, and a member representing employer respectively.
What aspects are pointed out as successful and what problems were raised from the operation of the Labor Trial System?
First, successful aspects are as follows:
① Above all, it is noteworthy that the individual labor relation disputes have been resolved speedily by the Committee.
② A Justice and another members of the Committee, lawyer who act for the parties to individual labor relations, and the parties all contributed their efforts to make this trial system successful that is a very unique system in the world.
It is also notable that many times had Tokyo District Court and lawyers meetings to make this Labor Trial System a success. In another way, the Committee also did its efforts to promote flexibility in operating the System, that is, the expansion of the objects of the Labor Trial, and the oder of payment instead of reinstatement etc.
The Committee members all keep well, furthermore, fairness and neutrality in the process of the Labor Trial.
Next, problems raised from the process of operation of the Act are as follows:
① Women members of the Labor Trial Committee should increase. The great majority of the members of the Committee are men. Only 33 out of 997 members were women in 2006.
② The Committee strongly encourages reconciliation to resolve individual labor relation disputes speedily. Compared to the remarkable dispute resolutions by reconciliation, a court (judicial) decision with respect to the rights and the obligations of the parties to individual labor relations may be apt to be treated more strictly. It will be an important problem how to respect or recognize the rights and the obligations decided by the reconciliation as strictly as those in a court (judicial) decision.
③ Courts keep a negative position against the joint petition or the merge of petitions in principle. An employee party, however, has a strong dissatisfaction to such a position of Courts.
④ It is a problem how to make easy the access to the Labor Trial for the parties to the individual labor relations. Agent for admission, admission for attendance, union's participation in petition by its members etc., for example, can be considered to resolve this problem.
목차
Ⅰ. 서설
Ⅱ. 노동심판제도의 내용
Ⅲ. 노동심판제도의 운영실태
Ⅳ. 노동심판사례
Ⅴ. 결론에 갈음하여
〈Abstract〉
참고문헌 (20)
참고문헌 신청
1. [학술지(정기간행물)] - 송강직 / 2006 / 일본 노동심판제도 연구 / 노동법연구 (21) : 85 ~ 114
2. [학술지(정기간행물)] - 和田一郎 / 2007 / 労働審判制度と他の個別的労働紛争解決制度との比較 / 労働審判制度の活用と運用 (119) : 97 ~ 98
3. [기타자료] - 長谷川裕子 / 2006 / 労働審判制度ー労働紛争の新たな解決手段 / 法律のひろば : 32 ~
4. [학술지(정기간행물)] - 棗一 郞 / 2007 / 労働審判の活用と運用状況 / 商事法務別冊 (119) : 59 ~
5. [학술지(정기간행물)] - 石嵜信憲 / 2007 / 労働審判手続の基本的制度設計と実際の運用状況 / 商事法務別冊 (119) : 79 ~
2. [학술지(정기간행물)] - 和田一郎 / 2007 / 労働審判制度と他の個別的労働紛争解決制度との比較 / 労働審判制度の活用と運用 (119) : 97 ~ 98
3. [기타자료] - 長谷川裕子 / 2006 / 労働審判制度ー労働紛争の新たな解決手段 / 法律のひろば : 32 ~
4. [학술지(정기간행물)] - 棗一 郞 / 2007 / 労働審判の活用と運用状況 / 商事法務別冊 (119) : 59 ~
5. [학술지(정기간행물)] - 石嵜信憲 / 2007 / 労働審判手続の基本的制度設計と実際の運用状況 / 商事法務別冊 (119) : 79 ~
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UCI(KEPA) : I410-ECN-0101-2013-336-000520772