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영어

In the case of a dispute over the unfairness of dismissal, a judgment should be made on the existence of a dismiss, which is the subject of judgment of unfairness. This problem has been dealt with as a matter of the burden of proof of the dismissal. However, when it is understood that dismissal is a unilateral termination of the employment relationship by the employer, the existence of the dismissal is the result of the evaluation as to whether the employment relationship has been unilaterally terminated by the employer. It itself is not the fact for proof. Indeed, the facts that the parties must prove would be objective facts that serve as an assessment of the existence of dismissal. On the other hand, in the case of civil litigation, the burden of proof for the grounds for dismissal must be borne by the plaintiff, the employee, who asserts it. This is considered to be the same in the procedure for Remedy from Unfair Dismissal of the Labor Committee, which is similar in litigation structure of civil litigation. However, in the case that the Central Labor Relations Commission is defendant, it should be viewed differently from the case of civil litigation in that either the employee or the employer are not parties to the litigation.