노동위원회의 개별분쟁 규율현황과 개선방안

While relief for dismissal and alterations of working conditions is formed with a dual structure, in which administrative and judicial relief go together; the actual object is limited to disputes over dismissal. It is necessary to expand the object of relief to include alterations of working conditions, and especially to directly regulate disputes concerning alterations of the currently increasing number of working rules. As these disputes have the characteristics of both rights disputes and interests disputes; it is necessary to introduce the arbitration dispute settlement method, in addition to the judgmental method, for dispute settlement. To do this, there should be a reformation of the justice system for improving the relief method of the Labor Relations Commission, which is currently limited to the judgmental method. Moreover, it is necessary for the contents of relief, which is currently limited to restitution of the conditions of unfair dismissal, to be extended and flexible. In the wake of the nullification of the punishment provision for Subsection 1 of Section 23 of the Labor Standards Act, active sanction of compensation, including consolation money and expansion of financial remuneration through the introduction of punitive damages, is needed. In addition, Section 19 of the Labor Standards Act, currently providing compensation for alterations of working conditions, should be actively interpreted to settle disputes over the alterations of working conditions.