근로계약법제의 도입에 대한 입법론적 고찰

Abstract

In these days, labor circumstances are changed greatly. The typical example is a increase of atypical employee such as dispatch, part timer and contracted employee. On the other hand, labor law cannot protect all the various workers. Therefore estrangement came to occur between the labor market and labor law. There is the tendency that does not prescribe working conditions definitely when employer and employee make labor contract in Korea. Therefore a dispute over interpretation of working conditions often occurs in a labor and management interval. I think that the legislation of labor contract to solve such a problem. In this report, I wish to introduce about the legislation of labor contract in Germany and Japan. I want to finally discuss it about introduction of labor contract legislation from such a comparison legal study to our country.