인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
피인용 0
초록·키워드
The minimum wage system, as illustrated in Article 32 of the Constitution and Article 1 of the Minimum Wage law and the ILO Convention, forces wage contracts to be signed in a certain amount or more to ensure the decent living of low paid workers who are unable to negotiate their own wage. Since the minimum wage system prohibits users and workers from signing wage contracts below a certain amount of money, conflicts of basic rights arise with the freedom of users and workers to sign contracts, the property rights of users, the labour rights of workers and the freedom of business of users.
The Constitutional Court said the minimum wage notice for the case was not against the Constitution because it was decided by both employers and workers members and by reviewing inflation rates and the city’s minimum cost of living.
The minimum wage system can not be unconstitutional because the Constitution has delegated it’s implementation to the law. However, the minimum wage decision was not made through the agreement of the two parties of labor and management. Although the minimum wage decision was perfunctory in accordance with the minimum wage law, the government has decided on the minimum wage through members of the public interest committee. This is not in line with the procedural intent set forth by the Constitution and the Minimum Wage Act.
In addition, it is problematic that the minimum wage in 2018 and 2019 has risen rapidly, damaging small business owners and freelancers, and depriving workers of jobs, ignoring the inflation rate and labor productivity stipulated by the Minimum Wage Act and simply deciding to fulfill for the president’s pledge.
Members of the public interest committee should be commissioned to be independent of the government, and the members of the user committee and the workers’ committee should develop in the direction of participation in the minimum wage decision from a national economic perspective. Since the Minimum Wage Act provides for the differential application of each industry by region, we need to try to apply it in the future.
The Constitutional Court said the minimum wage notice for the case was not against the Constitution because it was decided by both employers and workers members and by reviewing inflation rates and the city’s minimum cost of living.
The minimum wage system can not be unconstitutional because the Constitution has delegated it’s implementation to the law. However, the minimum wage decision was not made through the agreement of the two parties of labor and management. Although the minimum wage decision was perfunctory in accordance with the minimum wage law, the government has decided on the minimum wage through members of the public interest committee. This is not in line with the procedural intent set forth by the Constitution and the Minimum Wage Act.
In addition, it is problematic that the minimum wage in 2018 and 2019 has risen rapidly, damaging small business owners and freelancers, and depriving workers of jobs, ignoring the inflation rate and labor productivity stipulated by the Minimum Wage Act and simply deciding to fulfill for the president’s pledge.
Members of the public interest committee should be commissioned to be independent of the government, and the members of the user committee and the workers’ committee should develop in the direction of participation in the minimum wage decision from a national economic perspective. Since the Minimum Wage Act provides for the differential application of each industry by region, we need to try to apply it in the future.
#최저임금제
#최저임금
#계약자유의 원칙
#근로권
#인간다운 생활을 할 권리
#재산권보장
#영업의 자유
#헌법상 경제질서
#최저임금위원회
#저임금근로자 소득보장
#Minimum wage system
#Minimum wage
#Principle of contract freedom
#Labor right
#The right to a human life
#Property right guarantee
#Freedom of business
#Constitutional economic order
#Minimum wage committee
#Income security for low-wage workers
본문·목차
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