최저임금의 산업·업종별 차등적용에 관한 법 이론적 검토

In recent years, due to the rapid increase in the minimum wage amount, discussions about applying different minimum wage amounts emerged. In particular, small and medium-sized enterprises and small business owners have called for minimum wage rates that differ by industry or type of business, which take into account each company’s ability to pay employees. In Korea, the single minimum wage amount has been applied for a long time. In this backdrop, in order to discuss the differential application of minimum wages, the purpose and function of the minimum wage system under the Constitution, the scope and limitations of the differential application of minimum wages, and the effect of the differential application on other labor laws should be fully considered. However, basic standards or principles have not been established due to stark differences in opinions between labor and management on the topic. It is expected to be a challenging process to set the scope of the differential application by industry or type of business and to determine the specific minimum wage amounts. Recognizing the complexity of the issue, this paper examined the jurisprudential basis for the differential application of minimum wages by industry or type of business, major relevant legislations in foreign countries, issues related to applying different minimum wage amounts by industry or type of business, and how to set the direction for relevant legislation Applying different minimum wages by industry or type of business should proceed after fully understanding the unique purpose of the minimum wage system. To that end, it is necessary to improve the criteria for legal deliberation and decision making and to add each company's ability to pay as a factor, if necessary. The differential minimum wage system also needs to be designed as simply as possible.