1938년 뉴딜 공정노동기준법 최저임금제 도입의 의미 : 자유와 공정성을 중심으로

The federal minimum wage act was first introduced in 1938, aspart of the Fair Labor Standards Act. Originally, the minimum wagecampaign in America evolved in response to the inhumane problemsof sweat labor. Those concerned about the serious effects of lowwages on family well-being continued to press for legislativeresponses. Since the minimum wage programs were legislated, thecourts have had an important effect on their structure andimplementation. American courts were initially hostile to theseprograms in the states, and the U.S. Supreme Court declared themunconstitutional. However, the problem these programs attempted to address did notdisappear simply because the Court invalidated the legislation. Minimum wage proponents struggled to craft legislation that wouldaddress the Court’s concerns while simultaneously addressing theeconomic and social programs. However, the character of theseprograms bumped against the constitutional requirements of freedomof contract and due process of law in their development. As Americans believed strongly in self-sufficiency andindividualism and have adhered to the concept of laissez-fairethrough much of the industrial revolution, the courts accepted theseconcepts as reflecting the values of American society. However,finally the federal minimum wage was introduced in 1938. Theminimum wage provision of the FLSA was adopted in an attempt tostimulate economic recovery from the Great Depression. The wholeprocess of its implementation reflects the changing concepts of thefreedom in the New Deal era.