부당해고 금전보상제의 법적 쟁점 및 개선방안

Abstract

The monetary compensation system was introduced under the realistic purpose of the parties to settle the labor relationship by paying money rather than forcing workers to return to work if the worker does not want reinstatement on the premise of unfair dismissal. However, due to the lack of application requirements and lack of calculation standards, legal problems that raise fundamental questions about the system itself have been frequently exposed in recent Labor Relation Commission practices. For this reason, it has been 16 years since the monetary compensation system was implemented in Korea, but the utilization rate of the system is still low. Such low utilization rates show that the system is not sufficiently compensated for employee who have been unfairly dismissed. In many European countries, the monetary compensation is already in place as a system to resolve disputes caused by dismissal,, and is particularly used as a remedy for unfair dismissal. This article compared and examined foreign legislation and suggested improvement measures on the criteria for calculating monetary compensation amount and factors to be considered, so that the monetary compensation system can be implemented in accordance with the purpose in Korea. In particular, in order to further revitalize the monetary compensation system, it is necessary to more concretely stipulate the currently simplified standards for calculating the amount of compensation. At this time, in calculating the monetary compensation amount, it is necessary to pay the compensation amount differentially according to the length of employment and age in consideration of social protection factors. In addition, the issue of setting the compensation index should also be considered when considering the circumstances of the dismissal. On the other hand, it seems necessary to promote monetary compensation through reconciliation to a certain extent, and even if a worker applies for monetary compensation, the Labor Relations Commission should recommend reconciliation. In addition, if the monetary compensation system is recognized to employers, the reconciliation system is expected to be further promoted.