Section 1: Parties and Need for Remedy

Chapter 1: Employee

• 1. General
  •  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 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 subcontractor[so-sa-jang] (1)
• 3. Cases on Determining Employee Status by Occupation under the Labor Standards Act
  •  3.1 Educational Worker
  •   (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 and operator 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)
• 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 worker without work permit (1)
  •  4.5 Person who is temporarily unemployed or job seeker (1)
  •  4.6 Scope of the eligibility for union membership of a dismissed teacher (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 the management of business and criteria for determining his(her) employer status (1)
  •  1.2 Determination of the existence of employer status based on the subtantive labor relation (1)
  •  1.3 Existence of employer status, of certain organizational unit or execution agency of the employer, or a person in charge (1)
  •  1.4 Substantive employer of the employees affiliated to the corporate body of internal subcontractor[so-sa-jang] (1)
  •  1.5 Determination of the existence of employer status between the truck owner/operator and the company concerned (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 a business owner and always representing the interest of an employer (1)
  •  2.2 Existence of the state's employer status 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 not to be recognized as other punitive measures (1)
  •   (2) Case where to be 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 suspension order (1)
• 3. Exceptional Recognition of need for remedy
  •  3.1 Exceptional recognition of need for remedy if there is 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 in case of dismissal after transference order (1)
  •  3.4 Recognition of need for remedy to avoid employer's public law obligation (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 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