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Study on Enforcement Levy and Back-Pay Order of NLRC

  • DONG-A LAW REVIEW
  • 2012, (55), pp.373-399
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

PARK EUN JEONG 1

1인제대학교

Accredited

ABSTRACT

This paper reviews several subjects on the enforcement levy system and the back-pay order of NLRC for unfair dismissals. Especially focusing on the recent case, it develops some theories about the character of enforcement levy, the imposition of enforcement levy, the revocation suit for the imposition of enforcement levy, the grounds of back-pay order of NLRC and the independence of back-pay order of NLRC. After deliberation, this paper develops the conclusion that the confliction between the enforcement levy system and the back-pay order of NLRC for unfair dismissals is resulted not from the enforcement levy system but from the incompletion of back-pay order of NLRC for unfair dismissals. NLRC is very important system for labor dispute resolution. For the advancement of NLRC's adjudication function, it should overcome various problems by resolving the confliction between the enforcement levy system and the back-pay order of NLRC for unfair dismissals.

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