포괄임금제의 재조명

Abstract

The inclusive wage system is one of contracts related to wage calculation in employment contacts. The cases which related to this system have been discussed based on the precedent. Previous theories have studied whether or not to give sanction to the inclusive wage system or to set the limitation for the application of the inclusive wage system so that institutional harmful consequences would be prevented or reduced, with the assumption that the system has been used in the circumstance where the workers have the insufficient legal protection, thus, its usage can be abused by employer. However, the inclusive wage system cannot be considered as an exceptional one in the Labor Standards Act and no clear theoretical basis can be found in the attempt to limit the application(work area) of inclusive wage system. Under the assumption that the protection of the workers’ right can be assured by the objective and detailed interpretation of the related laws, it is required to review flexible working conditions, vitalization of new business area, and diversification of work method by relaxing the substantiated wage calculation methods with forward-looking standpoint in order to response the social needs for the creation of new jobs. The Inclusive wage system is one of the wage calculation methods which are widely accepted in the current law. So its legal character has to be understood within the boundary of the current law and the criteria for the employment contracts shall be applicable to the requirements of inclusive wage system as well. The legitimacy of inclusive wage system is the key to the application and interpretation of the system, because a legitimate judgment over the validity of the inclusive wage system can effectively protect the workers and prevent the system from being abused by the employer. The judgment of its legitimacy shall consider the effectiveness of the employment contracts. And the exclusive objects applicable for the inclusive wage system ought to be the working conditions themselves which are described in the Labor Relation Acts, not the system(inclusive wage system) itself. Moreover, clear, predictable, and detailed criteria and methodologies are very important to prevent the system from being overused. After apprehending individual working conditions from the bottom by classifying subjects into two segments whether ones can be materialization or not, making judgement on the fact the working conditions meet the Labor Standards Act might be a possible solution to prevent the abuse of the system. In fact, among the subjects applicable for the inclusive wage system, it is rare that a case is too complex to be materialized or the decision made based on materialized grounds is illogical. Therefore, such a methodology ought to reinforce the precedents describing abstractive and subjective criteria and be more effective to the basic requirements, the protection of the workers.