최저임금제의 위헌성에 관한 연구 - 2017헌마1366 및 2018헌마1072(병합) 헌재 결정을 중심으로 -

Abstract

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.<BR> 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.<BR> 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.<BR> 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.<BR> 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.