本人訴訟体験からの法律学修（２） : 政府機関サイト公表データの情報公開請求

Legal Learning through the Experience of an Administrative Appeal in Person: The Actual Case Study of the Procedure to Disclose such Data as Having Once Been Announced at the Governmental Site of the Local Agency

畑浩人

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BullGradSchHumanitSocSciHUStuEdu_1_50.pdf

Abstract

Driven by the fatal accident of a caretaker on night duty, I began to probe the status quo and some legal problems of work around the clock. At first I visited and asked the nearby Labor Standards Supervision Office whether I could browse the local white paper on labor condition. Then two inspectors behind the inquiry counter kindly introduced me to the public disclosure window of the general administrative division, so that I, on the rails of that process, have required the release of information about statistics and accident examples of the work shift for 24 hours. For several months, having coordinated procedural or technical issues and received some partly discovery, I applied for review by the Minister of Health, Labor and Welfare against non-disclosure decision of such case data as the local labor department had previously announced at its own website. Although I could recieved them as pdf at right from the headquaters of the ministry, it was no case information in the fact sheets that I had looked for. But I could study labor law practices in details through participant observation of these processes. Since my cases were treated in such negative forms as only partly disclosure and my withdrawal of application, I will introduce you, legal students, to the wonderland I have gone through interestingly. In the perspective of sociology of law, even a law-teacher, holding simple doubt about a near tragedy, would learn later that moderate and gradual state regulations preserved systematically different labor markets with full respect for each liberty of contract all workers, employers and customers had and exercised as effectively as they could.

About This Article

著者キーワード

use of law

information disclosure

administrative appeal

work conditions

utility of withdrawal

法使用

情報公開

行政不服審査

労働条件

取下げの効用

権利情報

総目次