임금채권보장제도에 관한 연구- 일본과 한국의 체당금 지급제도의 비교를 중심으로 -

Abstract

Under the recent economic crisis, there is a big increase in the number of unpaid wages by an employer. For these unpaid wages, worker has wage claims to an employer legally, however they have become almost obsolete because he or she cannot exercise his or his rights effectively. To protect the worker suffering from unpaid wages, the Wage Claim Guarantee Act provides that the State must defray certain unpaid amounts for the work that has been performed by the worker. Under this Act, if an employer has a certain reason, such as the initiation of rehabilitation, bankruptcy, insolvency, etc. fact finding and any of his/her retired workers claims his/her unpaid wages, etc., the Minister of Employment and Labor shall pay such unpaid wages, etc., to the worker on behalf of the employer. It is a so-called ‘Subrogated Payment System’. It is difficulty to understand and interpret problems regarding delay charge, insolvency, etc. fact finding, and operation of this system because there are no expressly stipulated provisions or decisions of Supreme Court. Therefore, there are considerable conflicting interests among the interested partiesThis study provides valuable information on the improvements to the guarantee of payment of wage claims in operation through theoretical studies and court’s decisions in Japan, comparing with the judicial of Korea, and presents approaches to deal with a reasonable interpretation of related provisions.