근로기준법상 금전보상제도에 관한 연구
- Issued Date
- 2009
- Abstract
- The study on the Money Compensation System
in the Labor Standard Act.
Park, Do-Ha
Advisor : Prof. Choi, Hong-Yop. Ph. D.
Department of Law
Graduate School of Chosun University
(1) The Labor Standard Act revised on the beginning 2007, introduces the money compensation system and the penalty money system for compulsory performance, but eliminates the criminal case punishment regulation against an unfair dismissal.
The Labor Relations Commission shall make a remedy order to the employer, who dismissed the employee unfairly, to reinstate the employee, or to compensate money to the employee who dose not want reinstatement.
(2) The Commission can make an money compensation order, only if the employee dose not want reinstatement, but can not by employer's application or of the Commission's own authority.
(3) The total money of compensation must be sufficient, so far as the money compensation system is applied positively.
(4) The relief process by the Commission for unfair dismissals are completed systematically and perfected by the introduction of the penalty money system for compulsory performance.
Key words : money compensation, penalty money for compulsory performance unfair dismissal, Labor Relations Commission, remedy order
- Alternative Title
- The Study on the Money Compensation System in the Labor Standard Act.
- Alternative Author(s)
- Park Do Ha
- Affiliation
- 조선대학교 법과대학원
- Department
- 일반대학원 법학과
- Advisor
- 최홍엽
- Awarded Date
- 2009-08
- Table Of Contents
- 【目 次】
제1장 연구의 목적····································································1
제2장 금전보상제도의 비교법적 고찰···········································3
제1절 영국의 부당해고 구제방식················································3
1. 복직명령············································································4
2. 재고용 명령········································································4
3. 금전보상 명령·····································································5
(1) 고용법원이 복직이나 재고용 명령을 내리지 않는 경우
(2) 사용자가 복직이나 재고용명령을 이행하지 않는 경우
제2절 프랑스의 부당해고 구제방식··············································8
1. 부당해고 구제기관······························································10
2. 부당해고 구제내용······························································11
가. 실체위반의 해고······························································11
(1) 복직
(2) 금전배상
나. 절차위반의 해고·····························································15
(1) 개별절차의 위반
(2) 집단해고절차의 위반
제3절 독일의 부당해고 구제방식···············································21
1. 화해중심주의·····································································21
2. 선택적 구제·······································································22
제4절 미국의 부당해고 구제방식···············································24
1. 보통법상의 구제································································24
가. 불법행위 구제와 계약위반 구제········································24
나. 보상적 손해배상
다. 징법적 손해배상
2. 형평법상의 구제································································30
가. 복직
나. 소급임금 지급
다. 선임권
라. 차별시정행위
제5절 일본의 부당해고 구제방식···············································35
1. 해고의 무효·····································································35
2. 출소기간·········································································35
3. 미불임금의 지급과 중간수입공제········································36
4. 불법행위인 해고에 대한 손해배상 청구································37
제3장 근로기준법상 금전보상 제도··············································38
제1절 금전보상제도의 개관·······················································38
1. 개념 및 적용시점·······························································38
2. 보상금 지급의 요건····························································39
(1) 부당해고 판정
(2) 근로자의 금전보상 신청의사
3. 보상금액···········································································40
(1) 금전보상액의 구성
(2) 산정기간
4. 금전보상의 절차·································································41
5. 이행확보 수단····································································42
6. 불복절차···········································································43
제2절 법리적 검토사항·····························································45
1. 도입배경 및 취지·······························································45
2. 근로자의 신청없는 금전보상의 인정 여부······························47
3. 금전보상액의 산정·····························································48
가. 해고기간의 임금상당액 산정에서 중간수입 공제 여부
나. 추가되는 액수
다. 금전보상 금액 산정 모델
4. 부당해고의 구제이익··························································55
가. 문제의 제기
나. 견해의 대립
5. 화 해·············································································57
6. 금전보상명령과 민사상 청구와의 관계·································58
제4장 결 론···········································································60
- Degree
- Master
- Publisher
- 조선대학교 대학원
- Citation
- 박도하. (2009). 근로기준법상 금전보상제도에 관한 연구.
- Type
- Dissertation
- URI
- https://oak.chosun.ac.kr/handle/2020.oak/8253
http://chosun.dcollection.net/common/orgView/200000238334
- Appears in Collections:
- General Graduate School > 3. Theses(Master)
- Files in This Item:
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