지방공기업법상의 징계부가금 및 징계시효 제도에 관한 고찰

The Constitution of the Republic of Korea and Labor Relations Acts should not restrain the fundamental labor rights of workers engaged in the public enterprises. Nevertheless, The government or local governments have restrained them through various guidelines or the special law, such as LOCAL PUBLIC ENTERPRISES ACT. The representative case is Surcharge and Prescription of the disciplinary action in LOCAL PUBLIC ENTERPRISES ACT. However, Some problems are anticipated in enforcing them directly to workers of local public coporations because they are different in legal status from public officers. There may be controversy over the unconstitutionality of violating the principle of excessive prohibition about the surcharge of the disciplinary. In addition, the system under the Local Public Enterprises Act is expected to be problematic in terms of operational issues. The prescription of discipline may also be controversial if the period of disciplinary prescription in employment rules or collective agreement is shorter than that as stipulated by the Local Public Enterprise Act. In this respect, it should be amended more carefully in light of the basic principle of labor law.