최저임금의 지역별 차등적용에 관한 법 이론적 검토

Abstract

In some countries, different minimum wages amounts are applied by region, while in Korea, a single minimum wage amount is applied across all regions. To explore the topic of applying minimum wages differentiated by region, one must address and consider the purpose and function of the minimum wage system under the Constitution, the scope and limitations of the differential application of minimum wages, and the potential impact of differential application of minimum wages on other labor-related laws and provisions. Differentiating the minimum wage amount by region allows for consideration of the living standards and cost of living in each region, therefore, being aligned with the goal of the Minimum Wage Act. Yet, it is not appropriate to expect the differential application of minimum wages would have a far- reaching effect, such as improvement of the overall local economy, increased employment rates, and enhancement of working conditions. When considering the application of minimum wage amount differentiated by region in Korea, it needs to be made clear that uniformly applying the legal minimum wage should remain as the principle and the differential application of minimum wages is regarded as an exception. Also, it may not be necessary to applying minimum wage amounts different from the legal minimum wage in every region. Rather, it would be reasonable to implement this approach selectively wages in certain regions depending on the need. In regions where applying the legal minimum wage becomes challenging, differential minimum wages could be applied, while concurrently developing means and methods to restore the universal application of the legal minimum wage. The successful implementation of differential minimum wages by region requires more detailed statistical data, analyses, and fact-finding surveys. A comprehensive review of factors influencing legislation and policies in the long-term is also needed.