The Economic Costs of Court Decisions Concerning Dismissals in Japan : Identification by Judge Transfers

Material type: 文書・図像類

Author: Okudaira, Hiroko

Publisher: The Institute of Social and Economic Research, Osaka University

Publication date: 2015-09

Material Format: Paper

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Note (General)：: ISER discussion paperMarch 2009 (The 11th ISER-Moriguchi Prize (2009) Awarded Paper), Revised September 2015Despite its significant influence on the a...

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Paper

Material Type: 文書・図像類
Title: The Economic Costs of Court Decisions Concerning Dismissals in Japan : Identification by Judge Transfers
Author/Editor: Okudaira, Hiroko
Author Heading: Okudaira, Hiroko
https://nrid.nii.ac.jp/nrid/1000080550954
Publication, Distribution, etc.: The Institute of Social and Economic Research, Osaka University
Publication Date: 2015-09
Publication Date (W3CDTF): 2015-09
Periodical title: Institute of Social and Economic Research Discussion Papers
No. or year of volume/issue: 733
Volume: 733
Pages: 1-34
Text Language Code: eng
Subject Heading: Employment protection
law enforcement
judge effects
many instruments
Target Audience: 一般
Note (General): ISER discussion paper
March 2009 (The 11th ISER-Moriguchi Prize (2009) Awarded Paper), Revised September 2015
Despite its significant influence on the actual enforcement of the law, the economic cost of court discretion has been ignored in the literature on employment protection. This paper exploits a distinctive feature of the Japanese judicial system, periodic judge transfers, to identify court discretion. Because judges move across local labor markets while a single national court system ensures that there are no legal boundaries between regions, it is possible to shut down any confounding relationships between current litigation outcomes and local labor market. A key finding is that an increase in the worker victory ratio in adjustment dismissal litigations in the last 10 years reduces rates of both job creation and destruction. Ignoring the uncertainty inherent in court decisions would lead to misspecification of the actual cost of employment protection, especially in countries with high judicial activism.
References (URI): URI
https://www.iser.osaka-u.ac.jp/library/dp/2009/DP0733R.pdf
Data Provider (Database): 国立情報学研究所 : 学術機関リポジトリデータベース（IRDB）（機関リポジトリ）
https://irdb.nii.ac.jp
Original Data Provider (Database): 大阪大学 : 大阪大学学術情報庫　桜華