Earticle

초록

영어

The ‘Labor Standards Act’ introduced a ‘compulsory performance money system’ through the past revision of January 26, 2007. However, due to its hasty legislation with insufficient prior review or research, a number of operational issues have been raised as a result after the implementation of the system and doubts about its actual effectiveness are being discussed as well. At the present time of 6 years after the introduction of this system, there’s an urgent need for earnest discussions for an efficient operation of the compulsory performance money system. In particular, regarding the practices of the Labor Relations Commissions, the current guidelines for imposition for the compulsory performance money system are not specifically set up and each Labor Relations Commission is preparing and applying its own standards, and this has resulted in creating problems where different amounts for compulsory performance money are being determined and imposed, even in similar cases, on the users by the Labor Relations Commissions. Concerning this issue, there are even views that it would be preferable to allow the Labor Relations Commissions to exercise discretion rather than setting and applying uniform standards at the time when the compulsory performance money is calculated. Such assertions, however, may bring about serious problems in terms of the legal stability and predictability; hence, even if each Labor Relations Commission is given a certain degree of discretion in calculating the amount for compulsory performance money, the current specific guidelines for imposition need to be unified by setting them to reasonable guidelines appropriate for the reality. In order to rationalize the guidelines for imposition: first, (i) the meaning of “executory” needs to be developed in relations to the meaning of job reinstatement and back-pay; and (ii) instead of consideration for attributable reasons of the users concerning the dismissal action, the attributable reasons of the users concerning executory need to be considered. In addition, (iii) to enable achievement of the implementation purpose of the compulsory performance money system, the scale of a business must be considered in determining the amount of imposition. Finally, (iv) the causes for suspension of imposition of compulsory performance money would need to be regulated to match the reality and the reasons for exemption of imposition must be newly introduced.

목차

Ⅰ. 문제의 제기
 Ⅱ. 이행강제금 부과현황 및 부과기준 분석
 Ⅲ. 현행 이행강제금 부과기준의 개선방안
 Ⅳ. 현행 이행강제금 부과 유예사유의 검토 및 면제사유도입의 필요성
 Ⅴ. 글을 맺으며
 참고문헌
 〈Abstract〉

키워드

이행강제금 부과기준 부당해고 노동위원회 구제명령 원직복직 임금상당액 부과유예 부과면제 Compulsory Performance Money Guidelines for Imposition Unfair Dismissal Labor Relations Commission Order for Remedy Job Reinstatement Back-Pay Suspension of Imposition Exemption of Imposition

저자

• 김경태 [ Kim, Kyong-Tae | 한림대학교 사회과학대학 법행정학부 부교수, 법학박사. ]

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