포괄임금제의 쟁점과 전망

초록

This article looks at the Blanket Wage System(BWS) at the time when the new Government has announced a proposal to restrict the BWS. It aims to make clear the interpretational issues in relation to the BWS and review proposals for legislative changes for the restriction or prohibition of the BWS. To begin with, the article overviews the court cases concerning the BWS over the last several decades. It finds that the rulings of the Supreme Court have been clearer since 2009. In 2009, the Court held that agreements for the BWS have not to be admitted as real ones for the BWS when clauses in employment contracts, work rules or collective agreements provide that each of overtime payments is to be paid separately. In 2010, furthermore, the Court held that the real agreements for the BWS is not valid when payments based on actual working time are less than payments on the BWS. The article criticizes such rulings while it welcomes changes to more strict and clearer regulation for the BWS. It do so for the reason that the Court does not indicate clearly the meaning of the occasion where working time is difficult to grasp. If the occasion takes place, according to the court rulings, the BWS is allowed to be maid. Moreover it maintains that the BWS has to be regarded as valid only when working time is impossible or meaningless to grasp. Lastly, the article proposes certain directions on legislative regulation in relation to the BWS. Such regulation, it suggests, is necessary to introduce not because the BWS has been one of the reasons that most workers have to work long hours but because workers in certain areas are badly treated because of the BWS. The former can be successfully tackled by strengthening enforcement of labour law according to the rulings of the Court above without legislative changes.

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