취업규칙 불이익변경에 있어서 형평과 사회통념상 합리성 (Equity and Rationality in conventional wisdom in Changing the Disadvantages of Employment Rules)

서지정보

· 발행기관 : 노동법이론실무학회
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· 저자명 : 이달휴

초록

Since the concept of justice is general and abstract, it may be unrea- sonable to apply general and abstract definitions in specific situations. Therefore, if it is unreasonable, a problem can arise, and to overcome it, there is equity as an application logic suitable for a specific situation. This means that rationality is required to judge equity as a justice.
However, rationality is used in many ways, but the concept is unclear and the relationship between justice or equity is not clear. Although it is unclear, it is necessary to clarify the concept of rationality because it is used in many ways, and this paper applied this logic to the change of disadvantages of employment rules while discussing the relationship with equity as a justice according to these attempts.
Specifically, different results may appear depending on whether rationality is interpreted as epistemological rationality of being right or as practical rationality of being good. Right as epistemological rationality is justified, so it can be said that it corresponds to equity as a justice. This means that if the content of justice changes according to social change and the positive law partially fails to keep up with it, the positive law can be partially stopped.
Even better, in the case of practical rationality, there is no justification, so it cannot be said that it corresponds to equity. However, practical rationality is better and is related to efficiency. In other words, in the case of a high degree of rationality in which efficiency is closely related to the survival of a company or public welfare, the effect of changing the disadvantages of the employment rules should be recognized without the consent of workers.

영어초록

Since the concept of justice is general and abstract, it may be unrea- sonable to apply general and abstract definitions in specific situations. Therefore, if it is unreasonable, a problem can arise, and to overcome it, there is equity as an application logic suitable for a specific situation. This means that rationality is required to judge equity as a justice.
However, rationality is used in many ways, but the concept is unclear and the relationship between justice or equity is not clear. Although it is unclear, it is necessary to clarify the concept of rationality because it is used in many ways, and this paper applied this logic to the change of disadvantages of employment rules while discussing the relationship with equity as a justice according to these attempts.
Specifically, different results may appear depending on whether rationality is interpreted as epistemological rationality of being right or as practical rationality of being good. Right as epistemological rationality is justified, so it can be said that it corresponds to equity as a justice. This means that if the content of justice changes according to social change and the positive law partially fails to keep up with it, the positive law can be partially stopped.
Even better, in the case of practical rationality, there is no justification, so it cannot be said that it corresponds to equity. However, practical rationality is better and is related to efficiency. In other words, in the case of a high degree of rationality in which efficiency is closely related to the survival of a company or public welfare, the effect of changing the disadvantages of the employment rules should be recognized without the consent of workers.

참고자료

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