금전보상명령제도의 문제점 및 개선방안

Monetary compensation system has been introduced to enhance the effectiveness ofthe order for remedying unfair dismissal by the Labor Relations Commission throughthe diversification of the order for remedy in 2007. A variety of problems have beenrevealed during the operation of the system after the introduction of the system; theproblem that only employee could apply to order of monetary compensation, thepractice that the total amount of monetary compensation is confined the equivalentamount to wage during the period of dismissal, and the interest of remedy in thecase that it is impossible for the applicant to be reinstated. The Labor Relations Commission should try to examine the interest of remedy inthe case of reinstatement order by employer, abstain the order of reinstatement toapplication of order of monetary compensation, and order the amount of monetarycompensation exceeding the equivalent amount to wage during the period of dismissalto solve the problems. Legislative reform is also necessary; legislation of the criteria calculating theamount of monetary compensation and factor considering pitiful amount of money,the new clause declaring that the labor relations should be terminated in the case ofmonetary compensation, the clause guaranteeing that the employee could becompensated even if it is impossible for the employee to be reinstated, and thereview of introduction of the monetary compensation system by the application ofemployer or the Labor Relations Commission’ authority.