근로기준법상 이행강제금 제도의 문제점 및 개선방안

Abstract

The Labor Standards Act revised in 207 gives the Labor Relations Commision thenew power to order an employer to pay a certain amount of penalty if he or she doesnot comply with the Commision-isued an order for remedy of his or her worker(s). The penalty is termed a “charge for compeling performance.” The penalty wasintroduced to give more legal force to the Commision-isued remedial orders, becauseunder old law the Commision had no means to compel employers to get his or herworkers unlawfuly dismised back to work. There is no general statute for governing penalties for the enforcement of specifcperformance of administrative orders in the area of administrative law. However, it isunderstod that the charge for compeling performance under the Labor Standards Acthas many characteristics diferent from the compulsory performance under theAdministrative Law, so it is necesary to come up with an operation plan acording tothose characteristics. First of al, academics have raised the isue of the system's constiutionality, which theConstiutional Court ruled that Article 3 of the Labor Standards Act, which requires employer to impose enforcement penalties, does not violate the Constiution, puting anend to the debate on the unconstiutionality of the system itself. Nevertheles, there arestil many problems surounding the operation of the charge for compeling performancesystem. This study engages in a practical review of the penalty for the enforcement of specifcperformance to be implemented under the revised Labor Standards Act and provides thefoundation for improvement of the penalty system. As a result of the overal review of the charge for compeling performance system,it is necesary to suplement the operational and procedural aspects of the system sothat employer can be more receptive, and in particular, the criteria for calculating theamount of compulsory payment for implementation, deferment of impositon, andreasons for return ned to be readjusted so that more specifc and flexible aplicationcan be made posible through the revision of the statutes. In aditon, for the eficientoperation of the enforcement penalty system, the standards for the implementation of theremedial order should be redefined and the procedural aspects such as the notice ofimpositon and the period and frequency of impositon should be improved.