노동위원회에 의한 부당해고 등 구제에 관한 고찰 (A Study on Relief of Unfair Dismissal via the Labor Commission)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 34권 / 145 ~ 181페이지
· 저자명 : 노병호

초록

The employer’s dismissal of an individual employee is his/her right in the individual employment relationship. If it is decided to be a unfair, disadvantageous disposal, the employee may be subject to judicial remedies through litigation. However, the judicial remedies by the court means a relationship of pursuing judicial justice through strict procedures. It takes long to wait for the relief being made, so the employer will be excluded from the labor relationship and the excessive litigation costs will allow the employee in the poor economic situation to eventually abandon the relief through the court.
In the employer’s position, the labor relation due to the prolonged dispute over the dismissal is undesirable. It is the remedy system by the labor committee that is intended to overcome the limitations of the judicial remedies and to remedy the rights of the employer. Therefore, the key of remedies by the Labor Committee is the rapid and fair remedy for rights.
The current system proceeds quicker than the remedy by the court. However, It is necessary to shorten the time required from the generation to remedy of such unfair dismissal. In addition, it is necessary to enhance the expertise and judgment of inspectors and judge members in order to ensure fair remedy.
If he unfair dismissal is approved, in general, the payment equivalent to the wages for the period from dismissal to reinstatement is ordered. However, the calculation of the amount equivalent to the wages can be problematic. In case the employee refuses reinstatement, he/she will charge the employer the financial compensation, but the time of the compensation applied and the calculation of the amount may be problems. In addition to it, if the employer does not implement the remedial order, he/she will be charged the enforcement fine to force him/her to carry out the implementation. At this time, the specific performance of obligations in relation to the reinstatement and the implementation of payment of the amount equivalent to wages will be a problem.
Additionally, it is the reconciliation for the terminal and amicable dispute resolution in conjunction with the rapid remedy by the Labor Committee regarding unfair dismissal. Even under the current system, the settlement by reconciliation is available. However, it is necessary to introduce the pre-settlement system and the compromise recommendation system as a measure to activate the settlement.

영어초록

The employer’s dismissal of an individual employee is his/her right in the individual employment relationship. If it is decided to be a unfair, disadvantageous disposal, the employee may be subject to judicial remedies through litigation. However, the judicial remedies by the court means a relationship of pursuing judicial justice through strict procedures. It takes long to wait for the relief being made, so the employer will be excluded from the labor relationship and the excessive litigation costs will allow the employee in the poor economic situation to eventually abandon the relief through the court.
In the employer’s position, the labor relation due to the prolonged dispute over the dismissal is undesirable. It is the remedy system by the labor committee that is intended to overcome the limitations of the judicial remedies and to remedy the rights of the employer. Therefore, the key of remedies by the Labor Committee is the rapid and fair remedy for rights.
The current system proceeds quicker than the remedy by the court. However, It is necessary to shorten the time required from the generation to remedy of such unfair dismissal. In addition, it is necessary to enhance the expertise and judgment of inspectors and judge members in order to ensure fair remedy.
If he unfair dismissal is approved, in general, the payment equivalent to the wages for the period from dismissal to reinstatement is ordered. However, the calculation of the amount equivalent to the wages can be problematic. In case the employee refuses reinstatement, he/she will charge the employer the financial compensation, but the time of the compensation applied and the calculation of the amount may be problems. In addition to it, if the employer does not implement the remedial order, he/she will be charged the enforcement fine to force him/her to carry out the implementation. At this time, the specific performance of obligations in relation to the reinstatement and the implementation of payment of the amount equivalent to wages will be a problem.
Additionally, it is the reconciliation for the terminal and amicable dispute resolution in conjunction with the rapid remedy by the Labor Committee regarding unfair dismissal. Even under the current system, the settlement by reconciliation is available. However, it is necessary to introduce the pre-settlement system and the compromise recommendation system as a measure to activate the settlement.

참고자료

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