특집Ⅰ노동자의 당연한 권리를 위하여：생산시설의 해외이전으로 인해 발생하는 정리해고의 유형화 －콜트,콜텍 악기의 사례를 중심으로 = Redundancy Dismissal Caused by International Transfer of Manufacturing Facilities - In case of Cort,Cortek Companies

다국어 초록 (Multilingual Abstract)

The globalization has made the barriers between the countries fall down so that the international trade of capital and labor force has begun. As many companies in South Korea have chose to move their facilities abroad, naturally, the amount of direct foreign investment has increased annually. In particular, many companies have moved their manufacturing facilities to South-East Asian countries in order to cut back on the labor costs, and this is because the manufacturing structure of South Korea has been rapidly changed. Hence, manufacturing facilities in South Korea are being shut down, and the shutdown eventually causes the redundancy dismissal. If a company wants to fire their employees, one should abide by the Labor Standard Act. When the employer wants to dismiss due to the managerial reasons, the act requiring the redundancy dismissal should have the necessity so called ‘urgent managerial necessity.’ Furthermore, the employer should make every effort to avoid redundancy dismissal, and should inform at least 50 days before the intended date of dismissal and consult in good faith with the labor union. The Korean Supreme Court adjudicates that a dismissal caused by the company`s closure is not so-called redundancy dismissal but just dismissal. It`s because the Supreme Court sees a dismissal as the ‘redundancy dismissal’ only if the company still exists even after the dismissal. However, since we cannot say the employees are responsible for the company closure, and there are special needs to protect the employees in case of the company closure and management aggravation, the dismissal because of the company closure should be seen as the ‘redundancy dismissal’. In the precedents about the dismissals of the company called “Cort” and “Cortek”, the companies itself still remained in South Korea, but the manufacturing facilities were moved to the foreign countries so that the manufacturing facilities in South Korea were shut down. The Supreme Court adjudicated that the dismissal caused by shutting down manufacturing facilities is ‘redundancy dismissal’, but in these cases the criterion whether the ‘urgent managerial necessity’ exists could concern only the manufacturing facility of the company if ① the ‘urgent managerial necessity’ comes from the manufacturing facility, ② the manufacturing facility has structural cause about management aggravation, and ③ there is no possibility on the manufacturing facility`s structural cause to be improved. So, the Supreme Court emphasized that the procedural regulation of redundancy dismissal cannot be applied in this case. However, this decision made the blind spot in redundancy dismissal, so the decision was criticized a lot. This ‘blind spot’ must be resolved by altering interpretation about redundancy dismissal regulation and amending the Labor Standard Act in South Korea.