근로기준법상 임금정의규정의 합리적 해석방안

In the previous theses, I’ve proposed a new viewpoint about ‘the essencial nature of wage.’ After reviewing the traditional theory about the essencial nature of wage(theory of the price of labor, theory of the price of labor-force, theory of two-split wage characteristics), I’ve proposed ‘a theory of the compensation for the labor-management relation’, as my unique opinion, and that is a viewpoint, through which, perceiving the essencial nature of the wage as ‘the compensation for the continuation of labor-management relation’. By the way, the Korean LABOR STANDARDS ACT stipulates the Wage-definition as follows;CHAPTER I. General Provisions Article 2 (Definition) (1) Terms used in this Act are defined as follows :5. The term “wages” in this Act means wages, salaries and any other money and valuable goods an employer pays to a worker for his/her work, regardless of how such payments are termed. And, reviewing the issue of ‘the rational and logical interpretation of this definition’, I've found several legal problems in the conventional theories and the established attitude of precedents. So, in order to resolve those problems, I’ve presented the opinion that it would be rational to interprete the wage-definition stipulation comprehensively and flexibly, and that ‘Payment for Work’ must be undestood to be composed by two notions, those are ‘the characteristic of the duty of payment’ and ‘the characteristic of the relation of exchange’. The new perspective of the interpretation of the wage-definition stipulation is based on the onerous-bilateral characteristic of labor contract, so-called the legal mutual connectivity and reliance of onerous-bilateral duties. And I've presented a new idea about the Standard of Judgment of “Payment for Work.”Firstly, we must consider the intention of the persons directly concerned. Secondly, if not appropriate to judge “Payment for Work” with the first standard, we must consider the employer's idea(or motivation) of the payment. Lastly, if not appropriate to judge “Payment for Work” with the first and second standards, we must judge “Payment for Work” with the social norm(generally-accepted idea in the society). I expect that my new ideas about the essencial nature of the wage(theory of ‘the compensation for the continuation of labor-management relation’) and the Meaning and the Standard of Judgment of “Payment for Work” would contribute to establish a more rational theoretical basis of the wage-related legal system in both legislation sphere and interpretation sphere and would enhance the Wage-Flexibility as well.