경영상 이유에 의한 해고에 대한 소고

다국어 초록 (Multilingual Abstract)

Dismissal for management reasons means dismissal of a worker by an employer for managerial reasons shall be based on urgent managerial needs.
Dismissal for managerial reasons are different from general dismissal for workers responsibility or disciplinary dismissal. As the dismissal based on urgent managerial needs Which is inevitable or employer responsibility occurred on a massive scale in a dull season that menace to employment security and will have a big impact on our society. So that should be regulated more strictly than other dismissal.
Labor standards act §24 regulate on necessary conditions of dismissal for managerial reasons.
The contents are as follows. ① Dismissal of a worker by an employer for managerial reasons shall be based on urgent managerial needs. ② An employer shall make every effort to avoid dismissal of workers. ③ An employer shall select workers to be dismissed by establishing rational and fair criteria for dismissal. ④ With regard to the possible methods for avoiding dismissal and the criteria for dismissal, an employer shall give a notice to a trade union or to a person representing the majority of all workers and have a good faith consultation.
If the necessary conditions could not be possessed, the dismissal, as have no justifiable reasons, will crease to be valid. However, if one of this necessary conditions could not be possessed.
As a dismissal for managerial reasons, it is become an issue that this case dismissal could not come into effect. Although we consider an institutional purpose of dismissal for managerial reasons and this dismissal is not occurred by workers responsibility and our social supporting system for dismissal workers is frail, necessary conditions of dismissal for managerial reasons are filled reasonably.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 긴박한 경영상의 필요성
• Ⅲ. 해고회피의 노력
• Ⅳ. 합리적이고 공정한 해고대상자의 선정
• Ⅴ. 정당한 해고사유와 고용안정협약과의 관계
• Ⅵ. 경영해고의 제한절차
• Ⅶ. 맺는말
• 【참고문헌】
• 【Abstract】