이행강제금제도의 쟁점 및 개선방안

Abstract

The Charge System for Compelling Performance was introduced to ensure the effectiveness of order for remedying unfair dismissal by the Labor Relations Commission in 2007. After its introduction, even though there was a critical view that it might break the border between public law and civil law and the controversy on unconstitutionality, the criticism was no longer spread owing to the constitutional decision in 2014 and the accumulation of relevant cases. Accordingly, this thesis focuses on the issues and the problems of the system aiming to draw improvement measures. The problems of the system have been raised; unauthorised imposition by the Regional Labor Relations Commission, detailed imposition criteria without legal basis, and inconsistency between the clauses of law and subordinate regulations. Whether following order for remedy or not, deviation and abuse of discretionary power in imposing the Charge, and the legitimacy on the imposition of the Charge and reconciliation at the appealing stage have been highlighted in legal cases. The National Labor Relations Commission should impose the Charge in the occasion of the decision of the court to solve the problems of the System. It is also necessary that the amount of the Charge will be increased, detailed imposition criteria improved, and inconsistency among regulations settled. The measure for introducing the System should be considered in the all of the order for remedy by the Labor Relations Commission.