초록 열기/닫기 버튼
The theory on the business order about the legal basis of the disciplinary action system is discussed from the premise that the authority to correct and maintain business order is the business own. But this theory overlooks that labor relation results from labor contract. On the other hand, Worker's responsibility of obeying the business order that comes from Principle of good faith in labor contract is nothing buy ideate the worker's responsibility of keeping trust relation, and it is not directly related with the disciplinary action. We also need to acknowledge that the dismissal system in Article 23 of the Labor Standards Law distinguishes dismissal for disciplinary action from general dismissal under the reasons. Because the reason for behavior under general dismissal is, depending on whether the reason is related with work offering or with group work order, divided into dismissal for disciplinary action and general dismissal. In connection with the effect of dismissal for disciplinary action, the disadvantage-effect about the non-offering or the restrictive offering of severance pay not be supposed to acknowledge the natural legal result come from dismissal for disciplinary action. And that the ineffective dismissal for disciplinary action is able to be changed to general dismissal needs to apply ineffective dismissal for disciplinary action to Article 138 of the Civil Law or needs to understand into including preliminary general dismissal. Finally, career misrepresentation, failure in work, faithful duty as individual reason for disciplinary action etc. are in principle the reasons for behavior under general dismissal, not the reason for disciplinary action.
키워드열기/닫기 버튼
dismissal for disciplinary action, general dismissal, business order, employer's right to direct, advice to resign, career misrepresentation, failure in work, faithful duty
