Earticle

초록

영어

The wage paid from employer to worker is one of the most important working conditions for workers as economic resources to maintain basic livelihood. The Labor Standard Act has two types of standard wage called ‘average wage’ and ‘ordinary wage’ in order to ensure and improve basic livelihood of workers. It defines average wage as total amount of salary given during the three previous months before the day that reason to calculate happened divided by the total number of days. Retirement allowance, shutdown allowance, annual vacation allowance and industry injury compensation etc. are calculated by average wage so they are closely related to the protection of working conditions and it is therefore really needed to protect total amount of average wage. In order to guarantee such ‘average wage as living wage’, in article 2, section 2 of the Labor Standard Act, by using concept of ordinary wage, there is a rule that if average wage calculated by legal way is less than ordinary wage, ordinary wage is treated as average wage. In enforcement ordinance article 2, section 1 of the Labor Standard Act, to prevent the wide difference between average wage and ordinary living wage, it excludes certain period of time from calculation period of average wage, so it can prevent unfair loss to workers. Minimum average wage protection clause by ordinary wage is applied only when average wage is larger than ordinary wage. But recently, regular bonus and various benefits are officially accepted as ordinary wage so the range of ordinary wage is extended. Also there are cases that ordinary wage is larger than average wage in the process of shortening legal working hours. So regulatory action for such conditions is needed. When there’s no or little extended hours and no benefits or counted as ordinary wage, if retirement allowance or etc. are given only according to average wage, average wage will always be less than ordinary wage and it also means less retirement allowance will be given. So retirement allowance is needed to be calculated by ordinary wage according to article 2, section 2 of the Labor Standard Act. Because of these reasons, there’s concern about file of class action and it might occur from short-time workers. So we should revise article 2, section 2 of the Labor Standard Act as voluntary law. But at the same time, we should alleviate it by adding ‘case that workers couldn’t provide normal workforce’ enforcement ordinance article 2, section 1 of the Labor Standard Act so it can resolve contradiction of current law system and prevent widely average wage from radical drop so it will be devoted to original function of average wage, ‘guarantee living wages’.

목차

Ⅰ. 서
 Ⅱ. 평균임금의 최저보장 제도로서의 통상임금
 Ⅲ. 평균임금의 산정에서 일정사유의 기간과 임금 제외
 Ⅳ. 기타 평균임금보장제도
 Ⅴ. 평균임금 산정범위에 관한 당사자 간 합의의 효력
 Ⅵ. 마치며
 참고문헌
 

키워드

저자

• 이영배 [ Lee, Yeong-Bae | 경북대학교 강사, 법학박사, 공인노무사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363