Section 1: Parties and Need for Remedy

Chapter 1: Employees

• 1. Overview
  •  1.1 Criteria for Determining the Existence of Employee Status under the Labor Standards Act (1)
  •  1.2 Whether or not he is a self-employed person in determining the existence of employee status (1)
  •  1.3 Whether or Not Payments Made to Employees are Considered as Remuneration for Work in Determining the Existence of Employee Status (1)
• 2. Determination of the Existence of Executive's and Internal Subcontractor[so-sa-jang]'s Employee Status under the Labor Standards Act
  •  2.1 Registered Executive (2)
  •  2.2 Unregistered Executive (2)
  •  2.3 Representative Director (1)
  •  2.4 Internal Subcontractors[so-sa-jang] (1)
• 3. Cases on Determining Employee Status by Occupation under the Labor Standards Act
  •  3.1 Educational Workers
  •   (1) University Part-time Lecturer (1)
  •   (2) Native English Instructor at English Academies for Elementary and Middle School Students (1)
  •  3.2 Vehicle Driver
  •   (1) Academy Bus Driver (2)
  •   (2) Truck Owner/Operator as Consignee for Cargo Transportation (2)
  •  3.3 Salesperson
  •   (1) Department Store Sales Employee (1)
  •   (2) Yakult Consignment Salesperson (1)
  •  3.4 Debt Collector (4)
  •  3.5 Telemarketer (1)
  •  3.6 Broadcasting Worker
  •   (1) Video Coverage Staff (1)
  •   (2) Broadcasting Production PD (1)
  •  3.7 Tailor (1)
  •  3.8 Contract System Worker (1)
  •  3.9 Caregiver (1)
  •  3.10 Recognition of Tada Drivers as Employees Under the Labor Standards Act (1)
• 4. Determination of the Existence of Employee Status under the Labor Union Act
  •  4.1 Golf Course Caddy (2)
  •  4.2 Home Study Teacher (1)
  •  4.3 Broadcasting Actor (1)
  •  4.4 Foreign Employee Without Work Permit (1)
  •  4.5 Person who is Temporarily Unemployed or Job Seeker (1)
  •  4.6 Scope of Eligibility for Union Membership of Dismissed Teachers (1)
  •  4.7 Recognition of Designated Drivers as Employees Under the Labor Union Act (1)
• 5. determination of employee status, employer status under individual labor law.
  •  1) Recognition of the Employee Status under the Industrial Accident Compensation Insurance Act for an Exclusive Contracted Truck Owner (1)

Chapter 2: Employer

• 1. Determination of the Existence of Employer Status under the Labor Standards Act
  •  1.1 Concept of a Person Responsible for Business Management and Criteria for determining His(Her) Employer Status (1)
  •  1.2 Determination of the Existence of Employer Status Based on the Substantive Employment Relation (1)
  •  1.3 Existence of Employer Status, of Certain Organizational Unit or Execution Agency of the Employer, Or of a Person In Charge of Its Affairs (1)
  •  1.4 Substantive Employer of the Employees Affiliated to the Corporate Body of Internal Subcontractors[so-sa-jang] (1)
  •  1.5 Determination of the Existence of Employer Status Between Truck owner/Operator as Consignee and Company Concerned as Consignor (1)
  •  1.7 Existence of Contractor's Employer Status Toward Contractee (1)
  •  1.6 Determination of the Existence of a Person's Employer Status Who Has Actually Operated a Company (1)
• 2. Determination of the Existence of Employer Status under the Labor Union Act
  •  2.1 Concept of a Person Acting on Behalf of Business Owner and Always Representing the Interest of Employer (1)
  •  2.2 Existence of the Employer Status of the State as One party of Collective Bargaining (1)
  •  2.3 Concept of the Employer Association as the Counterpart That Is to Have Collective Bargaining with Labor Union (1)
  •  2.4 Employer in Unfair Labor Practice Due to Domination and Interference (1)

Chapter 3: Entity Eligible for Remedy and Need for Remedy, etc.

• 1. Entity Eligible for Remedy
  •  1.1 Exclusion of Separate Need for Remedy for Wage Equivalent Upon Expiration of the Employment Contract Period (1)
  •  1.2 Concept of Other Punitive Measures as Subject of Application for Remedy
  •   (1) Case Where It Was Not Recognized As Other Punitive Measures (1)
  •   (2) Case Where It Was Recognized As Other Punitive Measures (1)
• 2. Extinction of Need for Remedy
  •  2.1 Extinction of Need for Remedy for Unfair Dismissal Upon Final Judgment of Employee's Defeat in Civil Litigation (1)
  •  2.2 Denial of Need for Remedy in Case of Being Reinstated After Dismissal (1)
  •  2.3 Extinction of Need for Remedy in Case that Employee Consents to Or Approves of His(Her) Dismissal (1)
  •  2.4 Extinction of Need for Remedy for Suspension With Pay Upon Disciplinary Action Following It (1)
• 3. Exceptional Recognition of Need for Remedy
  •  3.1 Exceptional Recognition of Need for Remedy Upon Restriction of Promotion, etc Due to Removal from Position (1)
  •  3.2 Recognition of Need for Remedy for Wage Equivalent (1)
  •  3.3 Recognition of Need for Remedy for Transference Order Upon Dismissal After Transference Order (1)
  •  3.4 Recognition of Need for Remedy For the Employer to Be Exempted from Obligation under Public Law (1)
• 4. Expiration of Contract and Need for Remedy
  •  4.1 Existence of Need for Remedy During the Procedure of Discrimination Correction, Even When Employment Relation Ends (1)
  •  4.2 Extinction of Need for Legal Dispute Even During the Remedy Procedure Upon Expiration of Employment Contract (1)
  •  4.3 Need for Remedy Upon Recognition of the Right to Expect Contract Renewal (1)
• 5. Business Closure and Need for Remedy
  •  5.1 Recognition of Need for Remedy in Case of Disguised Business Closure (1)
  •  5.2 Recognition of Need for Remedy in Case of Partial Business Closure (1)
  •  5.3 Extinction of Need for Remecy upon Dissolution of Business Owner's Legal Personality after Substantial Business Closure (1)

Section 2: Individual Labor Relations 

Section 3: Collective Industrial Relations