解雇法制の改善と雇用労働部の普通解雇指針

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 38권 / 1 ~ 15페이지
· 저자명 : 김희성

초록

Labor reforms change the reality of past-oriented labor relations into future-oriented ones. Even though this change was achieved through the revision and disposal of the laws and regulations, it can be fallen into an error to simplify the fact that the guidelines which do not have legal binding and do not exclude the conflict possibility of precedents can change that. The dismissal system shall present the standard of judgment in accord with a new human resources management focusing on the result of job performance, the dismissal for economic reasons shall also complement the concrete detailed criteria and prevent unreasonable damages resulting from companies and employees, and the method of remedy of unfair dismissals shall improve the direction to increase effectiveness. It shall be the purpose of labor reforms to extend the consensus of labor-management on whether or not reforms are achieved in any direction and to prepare the effective improvement plan through presenting a concrete reform agenda.
If it is a purpose to resolve the uncertainty of existing related provisions of dismissals and improve the loophole of legal system, it is a meaning of institutional improvement and can secure the balance point of interests between labor-management that the main part of reconstructing the dismissal system shall include all of the substantial reasons, dismissal procedures, and loopholes of remedy system of unfair dismissals. In addition, Labor reforms shall be able to respond Labor market flexicurity reasonably through seeking the improvement plan on the viewpoint to compromise the labor market flexibility and employment security of employees with individual issues surrounding the dismissal system considered in labor reality of Korea.
What is emphasized in the last is that one should improve individual issues reasonably that surround the dismissal system considered in labor reality of Korea and then organize the comprehensive and systematic modernized dismissal system in order to respond the normality of labor market well.

참고자료

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