포괄임금제 법리의 새로운 검토

'Blanket wage system'(hereinafter referred as 'BWS') is one of wage calculation methods in Korea, in which a worker would be paid fixed amount as her/his wage regardless of her/his real working hours. In BWS, always, she/he does overtime works, holiday works, etc. And she/he works long hours, and does not have any holiday or any vocation. The courts have conceded BWS up to some standards. Recently the Supreme Court concedes BWS in case that it would be difficult to calculate work hours. But, I think which would have no difficulties, but possibilities, really. The courts have made an excuse of 'difficulties', and have avoided the work time regulations on the Labor Standard Act,I think that it would be a desirable policy to abolish BWS. It would be more effect to amend the Labor Standard Act about prohibitions of BWS. That way a worker would be paid extra wages for her/his real overtime works and holiday works. So it would be lawful to paid her/him more fixed amount than real work hours.