earticle

논문검색

2014년 춘계학술대회

강행법규를 위반한 통상임금 합의와 신의성실원칙의 적용

원문정보

Collective agreement to Normal wages in Violations of Mandatory Rules and Application of Principle of Good Faith

김성권

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

December 18, 2013, the Supreme Court ruled the problem for the concept and scope of the normal wage which has been controversial for ordinary wage. It is thought to be effective to reduce the clutter of the on-site labor. But, the Supreme Court mentioned “The labor- management agreement for the range of normal wage is no effect to both parties to legal actions because of violations of mandatory rules. But the workers claims for additional wage may be not allowed in accordance with the principle of good faith.”On the one hand, I was surprised about that limits the legal rights of workers by applying the principle of good faith in a legal action for violation of mandatory rules. On the other hand, That surprised me even more is to apply the principle of good faith called the general provisions to limits of the rights of workers in the labor law area that modified civil law principles. Meanwhile, in the labor area, the judgment applied the principle of good faith exist but, I thought it would always be ‘exceptional’. But, I can only think that it can be applied at any time and any situation if there exists situational specificity. Personally, I think it logical and reasonable that the court allowed to claims of additional benefits for workers because he labor-management agreement for the range of normal wage is no effect to both parties to legal actions. I think that the court need to wait for legislative action in Congress before making a decision.

목차

Ⅰ. 들어가며
 Ⅱ. 통상임금 범위에 대한 노사간 합의의 강행규정 위반성
 Ⅲ. 신의성실의 원칙 적용과 추가임금 청구의 제한
 Ⅳ. 나오며
 참고문헌
 Abstract

저자정보

  • 김성권 Kim, Seong Kwon. 경북대학교 강사, 법학박사, 공인노무사.

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      ※ 기관로그인 시 무료 이용이 가능합니다.

      • 7,300원

      0개의 논문이 장바구니에 담겼습니다.