생활임금 조례의 주요 쟁점과 판례에 대한 검토

Abstract

A living wage is a wage that is paid above the minimum wage that enables a worker to afford the basic necessities of life for his or her family and to lead a dignified and cultural life. In the 10 years since the Bucheon City Living Wage Ordinance was enacted, about half of the local governments in Korea have enacted living wage ordinances. During the legislative process of each living wage ordinance, there were six requests for reconsideration of local council and two cases of lawsuit for Supreme Court. In the relevant cases, the local executive agency has been cautious about each living wage ordinance because it is very direct regulation. It infringes on the inherent powers of the mayor of the local government, imposes obligations on private sector employers, and violates higher laws. On the other hand, local councils, the decision-making body, were more supportive, seeing living wage ordinances as an indirect way to improve conditions for workers. The extent of the local council's intervention in the authority of the mayor of the local government is legitimate; the living wage ordinance does not prescribe obligations but requires budgetary measures and policy implementation to ensure that a living wage is paid in the private sector; and the living wage ordinance does not violate higher laws such as the Labor Standards Act. The Supreme Court decided on July 13, 2023(2022chu5156), that the Busan Living Wage Ordinance Partial Amendment Ordinance was valid. The Supreme Court ruling largely resolved the main issues regarding the living wage ordinance. The Supreme Court held that the living wage ordinance does not infringe on the inherent authorities of local governments, provides for the "promotion of the welfare of residents," which is an autonomous official matter, and does not violate higher laws such as the Labor Standards Act. As a result, the Supreme Court's decision seems to have settled most of the issues surrounding living wage ordinances from a legal perspective.