earticle

영어

This paper analysed labor disputes in Labor Relations Commission and District Courts about ‘reports of employment alteration'. According to article 17 of the ‘Act on the Employment, etc. of migrant workers' and its Presidential Decree, the employer who employs migrant workers can report the employment alteration when the migrant worker dies, or absents himself from work for not less than 5 days without due notice, or loses contact with his/her employer, etc. We can divide determinations of Labor Relations Commission about the reports of employment alteration into 4 types(A,B,C,D types). A type cases, which issued remedy orders, were scarce. B type cases, which dismissed application for remedy by virtue that report of employment alteration was only duty implementation in Public Law and not an expression of dismissal will in itself, hold a great majority. And a few cases can be classified to C type. C type cases admitted no necessity to bring a litigation as migrant workers departed from this country, etc. In D type cases, that bear some resemblance to A type, migrant workers gived up their offices or so. It is difficult for Labor Relations Commission to become a proper remedy to many Reports of Employment Alteration, as B type cases held a great majority though the report has been used as the means of terminations of employment relations. And so Labor Relations Commission should examine that report case positively like A type cases. Administrative litigation can be also desirable remedy such as Uijeongbu District Court.