최저임금법상 문제점과 해결방향 (The problems of minimum wage act and the direction of problem solving)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 41권 / 191 ~ 219페이지
· 저자명 : 이달휴

초록

It is stipulated in the constitution article 32 that the State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by Act. Based on this clause, All employees shall have the right to demand the state guarantee of the minimum wage, So the state enacts the minimum wage act for the employees.
It is stipulated in the minimum wage act article 1 that the purpose of this Act is to stabilize workers' life and improve the quality of the labor force by guaranteeing them a minimum level of wages, thereby contributing to the sound development of the national economy. The purpose of constitution article 32 is well reflected in this stipulation.
The right of the environment for work could be divided into the result and the process working conditions. This is a spacial and temporal environment in the process of labor and that is the result calculated on the basis of process working conditions and the minimum wage is the reflection of the result working conditions.
According to the right to work, the function of minimum wage is divided into four sections. Those are the function for minimum limit of labor value, distributive function and minimum guaranteed function for employees’s life, function of labor inducement, foundation function of fair competition.
I claimed tha the problems of scope of application in minimum wage act are persons employed for household work, handicapped workers, trainee workers and could be settled on labor value. In addition, I suppose that the cost of living for workers and their families should be the benchmark as the decision criterion of minimum wage and that minimum wage should be calculated in accordance with regular wage for settlement of industrial disputes.

영어초록

It is stipulated in the constitution article 32 that the State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by Act. Based on this clause, All employees shall have the right to demand the state guarantee of the minimum wage, So the state enacts the minimum wage act for the employees.
It is stipulated in the minimum wage act article 1 that the purpose of this Act is to stabilize workers' life and improve the quality of the labor force by guaranteeing them a minimum level of wages, thereby contributing to the sound development of the national economy. The purpose of constitution article 32 is well reflected in this stipulation.
The right of the environment for work could be divided into the result and the process working conditions. This is a spacial and temporal environment in the process of labor and that is the result calculated on the basis of process working conditions and the minimum wage is the reflection of the result working conditions.
According to the right to work, the function of minimum wage is divided into four sections. Those are the function for minimum limit of labor value, distributive function and minimum guaranteed function for employees’s life, function of labor inducement, foundation function of fair competition.
I claimed tha the problems of scope of application in minimum wage act are persons employed for household work, handicapped workers, trainee workers and could be settled on labor value. In addition, I suppose that the cost of living for workers and their families should be the benchmark as the decision criterion of minimum wage and that minimum wage should be calculated in accordance with regular wage for settlement of industrial disputes.

참고자료

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