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.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2024.6
- 수록면
- 107 - 141 (35page)
- DOI
- 10.69596/JLL.2024.06.90.107
이용수
초록· 키워드
오류제보하기
Ahead of the 2024 minimum wage decision, this article discusses some of the problems with current minimum wage legislation, with a particular focus on the application of the minimum wage.
First, regarding the differential application of the minimum wage, many countries have a single national minimum wage, as well as separate minimum wages for each industry or region, or collective agreements. In Korea, there are some who argue for different minimum wage rates depending on the industry, occupation, region and company size. However, the current law only allows for differential application by “type of business”, which can be controversial due to the ambiguity of the meaning of “type of business” and the criteria for categorisation. In addition, differential application may lead to the stagnation of low wages for vulnerable groups and an imbalance in labour supply and demand between sectors, which may contradict the role of the minimum wage in protecting low-paid workers.
Second, the application of a reduced minimum wage for apprentices takes into account the cost burden of training human resources for enterprises during the apprenticeship period, but there may still be a mismatch between the period of the reduced wage and the actual period of training, and equity issues may arise if previously skilled workers are reemployed as apprentices. Furthermore, in light of the ILO principle of equal pay for work of equal value, there is no basis for justifying the difference in labour value between apprentices and regular workers.
Third, the current minimum wage law does not cover “domestic workers”. Domestic work was previously considered the private sphere of the individual and excluded from labour law, but the commercialisation and the increase in women"s economic activity have led to the need to protect domestic workers, and the Domestic Workers Act of 2021 was enacted in response to this need. The ILO Domestic Workers Convention and the recommendations of the National Human Rights Commission also support this. In this context, the legal status of domestic workers needs to be reconsidered and the application of the minimum wage system to domestic workers should be actively considered.
Fourthly, Article 32(1) of the Constitution grants all citizens the right to work and obliges the State to ensure decent wages and implement a minimum wage system. The right to work is a guarantee of a job and working environment for workers, and it is necessary to expand the scope of the minimum wage law beyond the concept of workers to ensure the right to work more broadly.
Finally, it is necessary to implement the provisions on minimum wages for contract workers. In particular, there have been a number of cases on the application of the minimum wage to workers on digital online platforms. It is no longer the case that platform workers are an exception to the rule, and we need to open up the minimum wage debate to other contract workers, such as platform workers.
First, regarding the differential application of the minimum wage, many countries have a single national minimum wage, as well as separate minimum wages for each industry or region, or collective agreements. In Korea, there are some who argue for different minimum wage rates depending on the industry, occupation, region and company size. However, the current law only allows for differential application by “type of business”, which can be controversial due to the ambiguity of the meaning of “type of business” and the criteria for categorisation. In addition, differential application may lead to the stagnation of low wages for vulnerable groups and an imbalance in labour supply and demand between sectors, which may contradict the role of the minimum wage in protecting low-paid workers.
Second, the application of a reduced minimum wage for apprentices takes into account the cost burden of training human resources for enterprises during the apprenticeship period, but there may still be a mismatch between the period of the reduced wage and the actual period of training, and equity issues may arise if previously skilled workers are reemployed as apprentices. Furthermore, in light of the ILO principle of equal pay for work of equal value, there is no basis for justifying the difference in labour value between apprentices and regular workers.
Third, the current minimum wage law does not cover “domestic workers”. Domestic work was previously considered the private sphere of the individual and excluded from labour law, but the commercialisation and the increase in women"s economic activity have led to the need to protect domestic workers, and the Domestic Workers Act of 2021 was enacted in response to this need. The ILO Domestic Workers Convention and the recommendations of the National Human Rights Commission also support this. In this context, the legal status of domestic workers needs to be reconsidered and the application of the minimum wage system to domestic workers should be actively considered.
Fourthly, Article 32(1) of the Constitution grants all citizens the right to work and obliges the State to ensure decent wages and implement a minimum wage system. The right to work is a guarantee of a job and working environment for workers, and it is necessary to expand the scope of the minimum wage law beyond the concept of workers to ensure the right to work more broadly.
Finally, it is necessary to implement the provisions on minimum wages for contract workers. In particular, there have been a number of cases on the application of the minimum wage to workers on digital online platforms. It is no longer the case that platform workers are an exception to the rule, and we need to open up the minimum wage debate to other contract workers, such as platform workers.
목차
Ⅰ. 서론
Ⅱ. 국제노동기준과 최저임금제도
Ⅲ. 최저임금의 차등적용
Ⅳ. 최저임금의 감액과 적용제외
Ⅴ. 최저임금법의 적용 대상과 도급제 최저임금
Ⅵ. 결론
참고문헌
Abstract
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
가사노동자의 최저임금제도 적용에 관한 쟁점과 대안
노동법학
2024 .06
-
최저임금제도의 새로운 구상과 법적 과제
노동법포럼
2017 .11
-
최저임금의 적용 차등화 방안 연구
노동법학
2018 .06
-
최저임금법상 문제점과 해결방향
노동법논총
2017 .12
-
최저임금제의 위헌성에 관한 연구 - 2017헌마1366 및 2018헌마1072(병합) 헌재 결정을 중심으로 -
노동법포럼
2020 .07
-
최저임금 영향 집단 노동 이행분석: 집단중심추세분석을 중심으로
한국행정논집
2023 .09
-
일본 최저임금제도의 동향과 과제 — 지역별·산업별 최저임금제도와 생활보호와의 관계 —
노동법논총
2019 .12
-
2018~2019년 최저임금 인상의 고용 및 소득효과
산업노동연구
2022 .02
-
최저임금 비교대상임금의 범위 조정
노동법학
2018 .06
-
중국 최저임금제도의 주요내용과 문제
경희법학
2015 .01
-
최저임금 결정구조에 관한 검토
노동법학
2018 .06
-
최저임금제도 국제비교 및 시사점
질서경제저널
2017 .01
-
최저임금 조정이 노동자들의 노동시간과 노동소득에 미치는 영향
노동경제논집
2019 .01
-
최저임금 구분적용의 필요성 검토
질서경제저널
2019 .01
-
Employment Effect of Minimum Wage Increase
[KDI] KDI FOCUS
2018 .06
-
Minimum Wage Effects on the Wage Distribution in South Korea
Korea and the World Economy
2021 .04
-
최저임금 결정구조의 경제적 분석
노동경제논집
2018 .12
-
최저임금제도의 문제와 과제
질서경제저널
2016 .01
-
최저임금제도의 문제와 과제
질서경제저널
2016 .06
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-151-24-02-089930847