經營上 解雇에 관한 硏究 : 判例의 경향을 중심으로
(A) Study on the Dismissals due to Managerial Reasons : Focusing on litigated cases of the Court
경영상 해고 노동법 판례 법;
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With signs of economic recovery absent, the nation's large conglomerates known as chaebol are adopting belt-tightening policies. In a downsizing situation, there may be a negotiated workforce reduction takes place in our country at these days. In case of workforce reduction. companies have steeply reduced their sales workforce in an effort to save costs amid a sluggish local industry. when companies reduce redundant workers according to their restructuring due to the financial crisis and technological factors and the change of the industrial structure. It also happens when workers of a company are reduced by the change of the personnel organization. Therefore, because it is cause by the financial difficulties of a company, the workforce reduction is different from the discharge caused by the employees own faults. A large scale of the workforce reduction happening on a restructuring process of a company creatures serious social problems such as the infringement of the unemployed and labor unrest. Hence, the workforce reduction is no longer a matter of labor and management of a company but an important issue which should be handled by the government. The settlement of many disputes concerning the lay-out depended on the precedents in Korea which suffered from the unrest of labor caused by the industrial restructuring. Labor standards law was established in the early 1997. The Article 31 of Labor standards law regulates the four requirements for the workforce reduction, which was cited from the precedents in the past first, there must be an urgent need to overcome the management crises. Second, the company should take all measures to avoid the lay-off. Third, a fair and reasonable standard for the workforce reduction should be set up to select the worker to be discharged, Fourth, the company should go through the negotiation process with labor unions or workers. Now it passed five years since the workforce reduction was legislated by the revision of Labor law. The fundamental purpose of the lay-off should be on strengthening the competitive power of the company not just the reduction of cost. When the purpose is laid on the reduction of cost, the focus will be to reduce workforce as many as possible. However, when the purpose is to strengthen the competitive power of the company, the workforce reduction will be operated in the larger frame, the goals of the restructuring will be set up, preparing for the future of the organization drawn by the consequence of the restructuring process. Therefore, the workforce reduction is said to be not a cut-off the cost but a way lead to the strengthening the competitive power, the innovation of management, and the reform of the company. It is the method of the workforce reduction that really matters. It will provide a chance to change the culture of the company when it is fair and encourage worker to participate. In reducing workforce, the company should pay more attention to the protection of workers, carefully choose workers to be reduced in a fair and reasonable standard. The government will today make public a revised labor law aimed at introducing a five-day workweek at public institutions and large company. Korea's large business groups are rushing to adopt the government-endorsed, five-day workweek. But the Korean economy now enters a low growth era. In all this process, the company, the government, the union all of them should faithfully negotiate with the others when they confirm the workforce reduction. and the company should provide compensation for the reduced workers. In addition, the government should build a social security system for a positive protection measures for the reduced workers.