오스트리아 노동사회법원과 그 제도적 수용을 위한 모색

초록

In Austria, the Labor and Social Court, attached to the general court, hears both labor and social security cases, and is professional honorary and professional judges who are experts in the field elected by the Labor Chamber, which is the representative body of workers, and the Economic Chamber, which is the representative body of employers. The constitution of this tribunal has its institutional characteristics. Labor chambers play a key role in the legal protection of workers and applicants in labor and social security cases. Workers are naturally enrolled in the Labor Chamber when they start a labor relationship, and the Labor Chamber provides its members with legal protection related to the Labor Law and Social Security Act through informal means such as counseling first and formal means such as litigation representation secondarily. is provided free of charge. Even if workers and applicants do not receive legal assistance by the labor chamber and lawyers, their relatively poor legal status is fully considered in the litigation process of the labor and social courts. Judges have the duty to lead the plaintiffs who do not have knowledge of substantive law and litigation procedures to pursue their rights in cases where there is no attorney. Accordingly, the plaintiff can bring the action orally, and there is no need to disclose a specific claim amount. The litigation process is plaintiff-friendly, so even if a plaintiff without a legal representative changes their claim or submits new evidence, there will be no sanctions. In addition, workers are not required to pay litigation costs in case of claims of less than a certain amount among labor cases, and in social security cases, the social security institution bears all litigation costs. Furthermore, judgments of lower courts on wages and social security benefits are immediately enforceable. The litigation procedure is commonly applied to labor cases and social security cases, but there are special rules that take into account the characteristics of each case. These are the special confirmation procedure, which is a special rule that applies only to labor cases, and the necessary preposition procedure for social security institutions, which is a special rule that applies only to social security cases. In order to systematically accept the Austrian Labor and Social Court and its litigation procedures, the following aspects should be considered. First, considering the commonalities of the link between labor and social security and the imbalance of power between the parties to the lawsuit, it is necessary to introduce a labor and social court. It is more acceptable than a separate form of a guarantee court. Austria's trial trial is worthy of reference in introducing our trial trial in that democratic legitimacy is sufficiently secured in the process of selecting expert honorary judges. However, even if it is possible to introduce the trial trial beyond the unconstitutionality of the trial trial, it is realistic to go through a transition period called the quasi-trial trial system before that. Second, in order to increase workers' and applicants' rights remedies, the cost of litigation is reduced in consideration of the value, type, nature of the case, and the power of the parties, etc. In particular, in social security litigation, a litigation law on labor and social cases that emphasizes the trial based on ex officio detection should be enacted. Third, although the Labor Relations Commission's decision on unfair dismissal is essentially a judicial action, it is desirable to minimize the role of the Labor Relations Commission in its judicial functions. In this way, it will be possible to take advantage of the merits of the Labor Relations Commission in handling unfair dismissal claims quickly and at low cost, and to resolve the problem of functional overlap between the Labor and Social Court and the Labor Relations Commission.

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