초록 열기/닫기 버튼
(1) The Labor Standard Act revised on the beginning 2007, introduces the money compensation system and the penalty money system for compulsory performance, but eliminates the criminal case punishment regulation against an unfair dismissal. The Labor Relations Commission shall make a remedy order to the employer, who dismissed the employee unfairly, to reinstate the employee, or to compensate money to the employee who dose not want reinstatement. In case that the employer does not execute a remedy order up to the time period, the Commission shall issue the penalty money to him. Therefore the new systems, that are the money compensation system and penalty money system for compulsory performance, let the remedy for unfair dismissal more effective. (2) The Commission can make an money compensation order, only if the employee dose not want reinstatement, but can not by employer's application or of the Commission's own authority. The currant relief systems for unfair dismissal are two separate tracks. The one is that the Labor Relations Commission make a remedy order, and the other is that the court make a judicial decision in civil proceedings. To give the power to the Commission, to make an money compensation order in spite of the employee's will, let the dispute more complicated and the resolution system more ineffective. Because that the employee who is dissatisfied to a money compensation order, but wants reinstatement, is able to make the civil suit of the separate way. (3) The total money of compensation must be sufficient, so far as the money compensation system is applied positively. The compensation becomes accomplished, not only wages for dismissed period but also the money to compensate against the loss of the future labor profit which it follows in job loss. In this article, I propose an model which calculates job loss compensation considered one´s tenure of office and wage level. (4) The relief process by the Commission for unfair dismissals are completed systematically and perfected by the introduction of the penalty money system for compulsory performance. Those are thought desirable features that the Commission shall repeat to issue penalty money until the employer perform a remedy order, and that levy standards are different top and bottom in type of violation. (5) In the current law any one who has violated remedy order which were finalized shall be punished. As the method to compel to perform an administrative order, the economic compulsion like penalty money is more desirable than the punitive punishment. So the punitive punishment should be eliminated in the law.
키워드열기/닫기 버튼
money compensation, penalty money for compulsory performance, unfair dismissal, Labor Relations Commission, remedy order
