초록 열기/닫기 버튼
The Labor Standards Act stipulates the substantive and procedural requirements of dismissal for economic reasons. The Supreme Court, however, takes a passive and vague attitude when it comes to judging whether dismissal for economic reasons is justified. The purpose of this paper is to identify the problems of judicial precedents and to find alternatives for the reestablishment of desirable legal principles. The key points of this article are summarized as follows. First, dismissal for economic reasons is dismissal on the grounds of business circumstances not liable to employees. This should include not only layoffs for the maintenance of the enterprise but also dismissal for the abolition of the business. Second, the four requirements for economic dismissal should be seen as separate requirements. It is not right to treat the four requirements as an interrelated and comprehensive requirement, as this is against the law. Third, in case of economic dismissal, the necessity of protection of workers is bigger than general dismissal. Therefore, urgent management needs should be interpreted more strictly, and should be limited to cases of high management crises, serious economic difficulties, and other severe business conditions. Fourth, the method and degree of effort to avoid dismissal by the employer before dismissal must be proportional to the capacity of the employer, such as the size of the enterprise. And a way to maintain working relationships prior to the voluntary retirement that results in loss of employment should be pursued. Fifth, the reasonable and fair criteria for selecting employees to be dismissed should be regarded as standards in which both the criteria considering the worker's interests and the criterion considering the employer's interests have equal values. Finally, the consultation process with the representatives of the employees should be strictly interpreted as a requirement to ensure that economic dismissals meet the substantive requirements. If the procedural requirement is not met, the effect of dismissal must be denied.
키워드열기/닫기 버튼
dismissal for economic reasons, an urgent managerial necessity, efforts to avoid dismissal, reasonable and fair dismissal criteria, consultation with employees' representatives
