18.97.14.85
18.97.14.85
close menu
Accredited
서울지노위 판정례 분석을 통한 해고제한제도의 운영실태와 특징 -징계,일반해고를 중심으로
The Features and Realities of Operations of Dismissal Legal System by Analyzing Decision Cases of SNLRC -In Case of Dismissal by The Reason of Disciplianry and General Dismissal-
하경효 ( Kyung Hyo Ha ) , 박종희 ( Jong Hee Park ) , 강선희 ( Sun Hee Kang )
고려법학 vol. 61 425-477(53pages)
UCI I410-ECN-0102-2012-360-002440100

This is the result of investigation and analysis on disciplinary actions and dismissal cases(2,575 cases) - excluding dismissal cases with managerial reasons - that were under discussion in Seoul National Labor Relations Commission during the past 6 years from July, 2002 to June, 2010. Through the research, first we examined current situation and the features of dismissal system: The number of dismissal cases, the rate of remedy and dismissal and rejection, characteristics of applicants and work places, type of employment contract, remedy offered for lack of written reasons for dismissal, dismissed case with valid termination, reasons of rejected cases, analysis of disciplinary dismissal and fair dismissal, monetary compensation order, decision to tentative hiring, case studies on temporary workers. Secondly, we examined concrete effect of changes in dismissal legal system on actual dismissal practice and current status and features of the changes. Thirdly, we studied the meaning of current dismissal system regarding whether the scheme is to present an obstacle against flexibility of labor market due to its rigid provisions or if the inflexibility of labor market stems from other factors. There has been some criticism over the labor law system that it stiffens labor market and should be alleviated. Nevertheless, we were not able to convince such claim. After a synthetic research, we reached a conclusion that the psychological constraint or biased conventional phrases misused in labor policy areas may caused such impression on labor law system. To conduct this research, we also briefly looked into the legislative systems and structure that constitute dismissal legal system.

[자료제공 : 네이버학술정보]
×