January 2007 the Labor Standards Act was revised and the monetary compensation system was introduced as a remedy for unfair dismissals. However the amount of people applying for the monetary compensations is less than 10% of the total unfair dismissal charges, and also there are criticisms against the flaws in its management so the monetary compensation system is in need of legal revision and find a way to improve it.This thesis looks at three aspects of the issue. The first aspect is whether or not the labor relations commission is bound to the request when the laborer applies for a monetary compensation order. The labor relations commission should have discretionary authority however limited to a certain extent. Secondly, the legal interpretation to paying more than the wage the laborer would have gotten if not for the unfair dismissal. There are two different interpretations to this. First is to add a compensation on top of the wage, the other interpretation is that the wage is the lower limit. When taken foreign legislation cases under consideration the latter interpretation is appropriate. A reasonable standard for the compensation amount should be institutionalized. Thirdly, the issue of whether or not someone, who cannot be reinstated due to their contract expiration or because they reached their retirement age or if the employer already reinstated, has benefit from applying for the monetary compensation. This all depends on whether or not we see the reinstatement order and monetary compensation order as independent orders separate from one another and because of this conflicting theories arose. However the existence of the possible benefit from the monetary compensation should be judged by the possibility of reinstatement
January 2007 the Labor Standards Act was revised and the monetary compensation system was introduced as a remedy for unfair dismissals. However the amount of people applying for the monetary compensations is less than 10% of the total unfair dismissal charges, and also there are criticisms against the flaws in its management so the monetary compensation system is in need of legal revision and find a way to improve it.This thesis looks at three aspects of the issue. The first aspect is whether or not the labor relations commission is bound to the request when the laborer applies for a monetary compensation order. The labor relations commission should have discretionary authority however limited to a certain extent. Secondly, the legal interpretation to paying more than the wage the laborer would have gotten if not for the unfair dismissal. There are two different interpretations to this. First is to add a compensation on top of the wage, the other interpretation is that the wage is the lower limit. When taken foreign legislation cases under consideration the latter interpretation is appropriate. A reasonable standard for the compensation amount should be institutionalized. Thirdly, the issue of whether or not someone, who cannot be reinstated due to their contract expiration or because they reached their retirement age or if the employer already reinstated, has benefit from applying for the monetary compensation. This all depends on whether or not we see the reinstatement order and monetary compensation order as independent orders separate from one another and because of this conflicting theories arose. However the existence of the possible benefit from the monetary compensation should be judged by the possibility of reinstatement
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