What question did this study set out to answer?

The article aims to clarify the interpretation of 'substantial control' relating to employer status in Korean labor law.

July 30, 2026Labor Law Forum

The Interpretation of "Substantial Control" in the Proviso to Article 2(2) of the Amended Trade Union and Labor Relations Adjustment Act － Focusing on a Comparison with the Doctrine of Employer Status under the Japanese Labor Union Act －

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Authors

SPSo-Min ParkKorea University

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Implication

This article examines employer status under the Korean Trade Union Act, highlighting substantial control criteria and implications for labor relations.

Key Points

The article aims to clarify the interpretation of 'substantial control' relating to employer status in Korean labor law.
Conducts a comparative analysis of Korean and Japanese labor laws.
Examines Japanese case law and theories regarding employer status.
Identifies criteria for substantial control in multi-layered employment structures.
Substantial control over working conditions is critical for employer status in the amended Korean Act.
Business integration and economic dependence complement this core criterion.
Employer status should vary based on the type of unfair labor practice involved.

Cite This Study

So-Min Park (2026) studied this question.

synapsesocial.com/papers/6a6af4d560e2b924d3ea0617 https://doi.org/10.46329/llf.2026.07.48.191

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Implication

This article examines employer status under the Korean Trade Union Act, highlighting substantial control criteria and implications for labor relations.

The Interpretation of "Substantial Control" in the Proviso to Article 2(2) of the Amended Trade Union and Labor Relations Adjustment Act － Focusing on a Comparison with the Doctrine of Employer Status under the Japanese Labor Union Act －

Discussion

Member takes

Implication

Key Points

Cite This Study

The Interpretation of "Substantial Control" in the Proviso to Article 2(2) of the Amended Trade Union and Labor Relations Adjustment Act － Focusing on a Comparison with the Doctrine of Employer Status under the Japanese Labor Union Act －

Discussion

Member takes

Implication

Key Points

Cite This Study

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