미국 노동법의 권리실현방법 - 행정기관에 의한 민사소송제기를 중심으로 -

In South Korea, the method of realizing the rights of labor law mainly focuses on restraint of violations and punishment, relief for infringement is the relief method by the quasi-judicial agency, supervision of administrative organs, corrective order, Or has developed around the coordination and arbitration, which is an autonomous solution method among the parties. However, as the rights of workers prescribed by law are to have actual meanings when it is realized, not only the rights that must be prescribed by law but also the discipline method of how to make it happen Is also an important issue. In Korea, criminal sanctions against the infringement of workers' rights by unpaid wages and discrimination have not been effective enough for prevention, and corrective orders by the quasi-judicial agency can not affect the realization of sufficient rights. In this regard, in this paper, I will try to draw suggestions to South Korea by grasping its characteristics through examination of the system that can raise civil litigation by administrative agencies, which is the way to realize the rights of labor laws in the United States. Civil litigation by administrative agencies of the American Labor Law not only relieve individual workers' rights as prescribed in the Fair Labor Standards Act and Title VII of Civil Rights Act but also individual relief of infringed workers, It is recognized as means to realize the purpose of the law to the point of realizing the public interest in view. In comparison with South Korea, it is understood that not only criminal sanctions but also various means are institutionalized in the United States to realize the purpose of law. In addition, in these days, the civil litigation by the private citizen greatly increase and promote the use of the ADR by the agreement between the people concerned with this. However, the civil litigation by the administration knows a point to recognize a role for a role different from the civil litigation by the individual, realization of the public interest at a point to be able to submit suit regardless of the agreement of the person concerned. In this paper, the South Korean system as implications to the meaning of the realization of rights of labor laws by civil litigation in the United States.