근로기준법 제95조 감급(減給) 제한 규정에 관한 소고

Article 95 of the Labor Standards Act stipulates that an upper limit shall be set to ensure a certain level of wages is guaranteed, when the employer imposes a wage cut as a disciplinary measure on workers. This restriction on wage reduction can be understood as a measure to set limits to ensure the minimum wages necessary for living are still protected, even if sanctions for workers’ misconduct are unavoidable. However, there are relatively few judicial precedents on wage reduction as a disciplinary action, and studies on this topic are insufficient. Meanwhile, whether reducing wages due to a worker’s misconduct is aligned with the nature of labor contracts and the characteristics of wages is a key issue for discussion. In addition, it is necessary to examine problems in interpreting and applying the standards for punitive wage cuts arising from the ambiguity and the relationship between wage reduction and penalties. This study examines the significance of the restriction on punitive wage cuts and related international standards and legislations and reviews major legal issues and suggests policy recommendations for legislative improvement. First, this study suggests that it is desirable to delete the provision allowing punitive wage cuts so that wages are not reduced as a punitive disciplinary action, and to regulate misconduct through other disciplinary measures. Second, if the restriction on punitive wage cuts is maintained, it is necessary to relocate it under the regulations limiting dismissal and other severe disciplinary measures, and its application should be extended to businesses or workplaces with four or fewer full-time employees. Third, the reduction restrictions should be amended in accordance with the principle of clarity.