본문 바로가기
  • Home

A Critical Approach to an Effective Design of Bailiff System through Modification of Fee Structure

  • DONG-A LAW REVIEW
  • 2013, (61), pp.151-194
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jongho Kim 1

1호서대학교

Accredited

ABSTRACT

The public servant's salary is a monetary compensation from government by the worth of his or her work and service providing. The salary is usual definition with the wage in the private sector; it is a commonly called terminology used in the public sector and consists of salary and benefits. Current bailiff’s high level income as special public officials is not a salary but a fee income they obtained from the petitioner’s payment. Meanwhile, salary system lies in what amount of total salary is distributed within the frame to the individual and it treats total level of employee’s salary and in what standard applied to create concrete content of salary. The most important topic, regardless of public or private sector, in the salary management is fairness. That is, officials must be compensated by the degree of contribution to the work, project, or organization. Maintaining fairness in the income management of officials have lie in upgrade credibility against salary level, standard of payment, and procedural and bring motivation to the insiders as well as have immersed in official’s work in addition to make strong inducement for the outsider. At this situation, there is no fairness in the Korean bailiff salary system, and these systems have been continued for several decades but no willingness to improvement did shown so far. Moreover, uncomfortable truth is to making secret the bailiff’s salary by not open to the public or mass media of the size or amount. Considering they are special position of public officials, such fact is cannot help evaluating as sort of rash behavior. At this time, the argument of salary scheme modification of bailiff in this article must be linked with bailiff system revolution by the turning point. In general, a category of component in the salary system expanded in that defining the average and normal wage to prepare standard of basic pay, legal benefits, retire payment, and extra salary. However, the bailiff salary system has no idea of even basic definition and it allowed windfall income without any limitation in a quite primitive fashion. They passively taking fees that submitted by the applicant who wanted to collect claim through auction. The existing salary system is not fit with representative type i.e., seniority-based pay, functional pay, performance-related pay, payment attached to the post. The functional payment system out of salary type decided salary based upon the level of job value or difficulty of the work performance, and it can be discriminate the total amount or benefits by the degree of highness or job skill according to the acceptance of organizational member. However, the bailiff’s income is not a functional payment upon the job difficulty. Besides, lots of critics gushily dissatisfaction on the unreasonably high income and fundamental modification of the system is inevitable. To stabilizing bailiff system as more democratized device, several requirements such as (i) the system should be merged into judicial government branch, (ii) electronic bidding system should be adopted as soon as possible, (iii) bailiff must be appointed within the incumbent officials, (iv) auction fees are transferred into government account, (v) bailiff who are responsible for the execution shall be received special salary as an extra benefit, must be fulfilled.

Citation status

* References for papers published after 2022 are currently being built.