채무자회생법과 노동법의 관계

The Debtor Rehabilitation and Bankruptcy Act(The Debtor Rehabilitation Act) stipulates the rehabilitation and the bankruptcy proceeding to settle the debt and credit relationships for the debtor when the debtor is under bankruptcy conditions or on the verge of it. The Labor Law stipulates the procedure and the process specifically to materialize the labor rights guaranteed in the constitution. The labor law guarantees the three rights of labor for workers, which guard the rights by their united force. The Labor Standard Act shelters the bare minimum working condition for maintaining human life. This article specifically delves into four viewpoints for the rights of company workers undergoing the rehabilitation and the bankruptcy proceeding according to the Debtor Rehabilitation Act in terms of the relationship between ‘the Debtor rehabilitation Act and the Labor Law.’First, a trustee in the rehabilitation proceeding or bankruptcy trustee undertakes the management when a company undergoes the rehabilitation or bankruptcy proceeding. In so doing, a concern arises with regard to the continuation or the automatic termination of existing labor relations. Second, when a company respects every step stipulated in the Debtor Rehabilitation Act and precedes the rehabilitation or the bankruptcy proceeding, a concern arises whether the conditions in the Labor Standard Act are equally exercised as are for ordinary companies for the termination of existing labor relations; that is, the dismissal of the workers, or the regulations in the Debtor Rehabilitation Act or exceptional interpretations should occur without fulfilling the conditions in the Labor Standard Act. Third, the Labor Standard Act and the Employee Retirement Benefit Security Act stipulate the prior payment for wage claims by workers. A concern which arises is whether such a wage claim can also be applicable during all procedures stipulated in the Debtor Rehabilitation Act such as rehabilitation or bankruptcy proceeding. Four, when a collective agreement which was made between users and labor union when the company was in a normal status subsists, a concern arises whether the validity of the existing collective agreement is still effective when the company assumes the rehabilitation or bankruptcy proceeding.