사용자의 개념정립과 그 확장범위에 관한 법적 연구 = A study on founding and extending the concept of the employer

다국어 초록 (Multilingual Abstract)

The concept of employer is the other party against the concept of the employer in Labor Standard Act and the other party against the employer in Trade Union Act.
However, because the employee in Labor Standard Act is different from the employee in Trade Union Act. The concept of the other party, employer is also different from any persons in the company. It is not right to list equally the concept of employer in Article 2, Section 1, number 2 in Labor Standard Act and the one of employer in Article 2, number 2 in Trade Union Act. I think the concept of employer in Trade Union Act should be classified in detail in regard to many systems of collective labor-management relations. For this reason there is no definition-clause about employer in Trade Union Act in Japan.
Employer, the other side of employment contract or collective bargaining should be analyzed focusing 'employer'. Any person observing the law in Labor Standard Act and Trade Union Act should be also analyzed focusing 'employer'. Because a manager or any person acting as an Agent of an Employer could regard as a performance assistant.
A manager employed any employee independently beyond the scope of the employer's mandate regardless of his employer, a manager will be an independent employer as far as employees are concerned. Because a employer has nothing to be employed.
Finally, any person acting as an agent of an employer concerning matters about employees also would not be a employer of employment contract, but be applied to Labor law,

참고문헌 (Reference)

1 西谷 敏, "勞働組合法" 有斐閣 2007

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8 김미영, "미국 연방노동관계법과 노동조합 및 노동관계조정법 비교" 고려대 노동문제연구소 23 : 2012

9 김형배, "노동법" 박영사 2013

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11 東京大勞働法硏究會, "註釋勞働基準法(上)" 有斐閣 2003

12 Marc Linder, "The Employment Relationship in Anglo-American Law: A Historical Perspective" Greenwood Press 1989

13 Jean Rivero, "Droit du travail" 1993

14 Hromadka, "Arbeitsrecht Band I" 1998

15 Otto, "Arbeitsrecht" 2003

16 Zöllner, "Arbeitsrecht" 1998