부당해고 구제명령의 실효성 확보수단에 대한 검토
An Examination on effective fulfillment remedies of unfair dismissal remedy order
정진경(서울북부지방법원 부장판사)
25호, 153~183쪽
초록
Korean Labor Standard Act was amended on Jan. 26th, 2007. The amendment was reflection of continuous discussions for protection of employees' working condition and for flexibility improvement of labor market. The amended Act introduced monetary relief system. The Act also introduced compulsory performance system and criminal punishment for failure to fulfill fixed remedy order instead of abolishment of general unfair dismissal crime related to remedies for unfair dismissal. These changes are results of collecting proposed opinions and seem to be evaluated affirmatively, however, new systems were introduced for the fulfillment of relief order connected to unfair dismissal remedy application to labor relations commissions, korean special unfair dismissal remedy system, and the Act has no clause to apply such systems to judicial remedies of ordinary civil courts which seem to be more fundamental remedies. In Korea, remedies for unfair dismissal are divided to judicial remedies of ordinary civil courts and administrative remedies of labor relations commissions, and above mentioned systems made without considering relations with judicial remedies have legal problems and are expected to meet substantial operational difficulties. First of all, the amended Act could not solve any problems which have been continuously pointed out, for example, delayed final remedies caused by labor relations commission process, differences in opinion between civil courts and labor relations commissions, the necessity of bringing suit to civil court in case employers do not follow remedy order of labor relations commission because the order has only public legal effect. Considering above mentioned problems which unfair dismissal remedy application to labor relations commission itself has, in the long run, it is needed to reexamine judgment function of labor relations commission related to unfair dismissal cases. It is desirable to change the commission into ADR organization and move judgment function to civil courts.
Abstract
Korean Labor Standard Act was amended on Jan. 26th, 2007. The amendment was reflection of continuous discussions for protection of employees' working condition and for flexibility improvement of labor market. The amended Act introduced monetary relief system. The Act also introduced compulsory performance system and criminal punishment for failure to fulfill fixed remedy order instead of abolishment of general unfair dismissal crime related to remedies for unfair dismissal. These changes are results of collecting proposed opinions and seem to be evaluated affirmatively, however, new systems were introduced for the fulfillment of relief order connected to unfair dismissal remedy application to labor relations commissions, korean special unfair dismissal remedy system, and the Act has no clause to apply such systems to judicial remedies of ordinary civil courts which seem to be more fundamental remedies. In Korea, remedies for unfair dismissal are divided to judicial remedies of ordinary civil courts and administrative remedies of labor relations commissions, and above mentioned systems made without considering relations with judicial remedies have legal problems and are expected to meet substantial operational difficulties. First of all, the amended Act could not solve any problems which have been continuously pointed out, for example, delayed final remedies caused by labor relations commission process, differences in opinion between civil courts and labor relations commissions, the necessity of bringing suit to civil court in case employers do not follow remedy order of labor relations commission because the order has only public legal effect. Considering above mentioned problems which unfair dismissal remedy application to labor relations commission itself has, in the long run, it is needed to reexamine judgment function of labor relations commission related to unfair dismissal cases. It is desirable to change the commission into ADR organization and move judgment function to civil courts.
- 발행기관:
- 서울대학교노동법연구회
- 분류:
- 법학