통상임금제도 개선의 입법정책적 과제

Abstract

Above all, the system, which keeps up with the constant changes in economic situation and labor environment and maintains market economic order, has got to be established in promoting the legislative policy to reform the wage system. And then the legislative policy to reform the wage system should be in accord with the essential function of the Labor Standards Law that the most fundamental working conditions must be protected. In addition, it is necessary to reduce polarization of the labour market and exercise labor-management autonomy practically, too. Specifically, the law must be more clear, through which its stability must be secured, to improve the system related to wage. Both direct and indirect plans must be made so that all parties concerned can accept, considering that the reform of the system has an effect on the market. The paper suggests that the concept of ordinary wages in the existing Labor Standards Law be deleted and each clause provide guidelines individually on calculating additional wages as a vital function. This can avoid misunderstandings and confusion caused by a dualistic structure. A revision to adapt to new changes is needed in the scope of the additional wages calculation. And if labor and management agree on calculating additional wages, regulations in which the force of the Labor Standards Law can be judged by the existing state of things should be considered. Additionally, controversial regular bonus and other wages should be regulated exactly in the light of legal organization and stability.