日本 勞動統制法制의 分化와 統合에 대한 考察

Abstract

The point of state-oriented research on labor policy is as follows ; First, labor law system is diverse in accordance with the degree of capitalist states' development. Second, every individuals or states must not share the same values. Third, labor related strife is not about a fact, but about a thought. Fourth, interpretation of legal system changes depending on the position of individuals or states. Therefore to understand the labor policy requires more than mere numerating chronology of accidents, or stating who did what to whom. It requires the answer to following questions ; First, historical background. Second, societal and practical demand that the relation between capital and labor be settled rationally. Third, progressionists' demand that legal system revise the order of capitalism. Fourth, the character of autonomous law that capital and labor should be based on the equal principle. And interpretation of above all should be followed. However it is impossible to interpret sufficiently. It is because we need to get interested in theory. Of course theory has different forms, but it's purpose is to fit into a logical frame a series of ideas connected each other in order to state, explain and predict the phenomena. The theoretical frame also organizes our thoughts about accidents. Keeping the above importance of theory in mind, this study is to point out the problems of previous interpretation on the Japanese system of labor law before World War II and to analyze new theories objectively.