일본에서의 제4차 산업혁명시대와 겸업･부업 법리

Abstract

An author intend to introduce a sideline and the law under the 4th Industrial Revolution Era in Japan. Conclusions are as follows: First, workers are, in principle, able to engage in sideline. Theories surrounding the sum of working hours in the sideline are, however, still opposed to positive and negative theories. This interpretive confrontation of views has value as an essential discussion with regard to the payment of additional wages, etc. Therefore, it would be said that there is an interpretive challenge with regard to the payment of the additive. Second, courts in Japan tend to judge dismissal as justifiable in a dismissal case on the grounds that the worker engaged in a side job. Today, however, The Japan Government is pursuing a policy of positively and actively allowing side jobs at the government level. Therefore, the judgment of the Japanese courts on the sidelines cannot be ruled out from the possibility of a change. Third, through the revision of the Workers' Accident Compensation Insurance Act, etc., the sideline business is actively encompassed into the system. On the other hand, the Government provides employers with detailed directions for workers' side jobs, such as working hours, social security, and ensuring workers' health. Finally, despite the partial institutionalization and active policy initiative by the Government, the discussion in Japan regarding sidelines has challenges such as equity in the entity that pays additional wages when working hours are combined, the calculation of working hours under the introduction of a flexible working hour system, and revision of the entire social insurance system etc. Now discussions on these issues are ongoing and the outcome of the discussions is expected in the future.