임금채권보장법상 체당금제도의 문제점과 개선방안

The Problems and Solutions of the Substitute Payment System on Wage Claim Guarantee Act

Despite the fact that the wages of workers have very important implications for their daily life sustenances, it rarely happens that workers set up a security real right such as mortgage or the right of pledge to employer's property or go through the preservative measure such as sequestration. Therefore, in the case when the employer companies lose their ability to pay wages due to bankruptcies, it is difficult for wage workers as creditor creditors to collect dept in accordance based on the principle of equality. Wage Claim Guarantee Act, which has been effective since 1998.7.1., aims for the basic stability of employee’s life by paying the unpaid wages and severance pays on behalf of the employer in the case when the retired employee is not paid with claimed wages and severances. However, even this system has been criticized that it lacks the protection of unpaid wages due to the various limitations and actual operational problems. In the Wage Claim Guarantee Act, 'virtually insolvency' part is applied only to companies with less than 300 full-time workers. So, company which exceeds that figure cannot be judged 'virtually bankrupt', and if a business owner doesn't go through the business abolition process even though he is not able to pay wages, he cannot meet the requirements of bankruptcy. In addition, there are such problems that 'Oyaji'- a private business owner of construction site- cannot be a 'virtually bankrupt' target employer even though his immediately preceeding contractor is out of business and doesn't pay contract price. This paper, which starts from these problem recognition, covers system on the current law and the type of legal relationship, and furthermore looks through the substantive and procedural problems about wage claim protection and suggests improvement plans.