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Requisites and restrictions of business dismissal trends in recent decisions

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  • Requisites and restrictions of business dismissal trends in recent decisions
  • Lee, Heung-jae
  • Seoul National University(BK 21 Law)


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Title Requisites and restrictions of business dismissal trends in recent decisions
Similar Titles
Material Type Reports
Author(English)

Lee, Heung-jae

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2002
Journal Title; Vol./Issue Journal of Korean Law:vol. 2(no. 2)
Pages 34
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Social Development < Employment
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

In recent years, management dismissals have become a social problem because of strong enforcement of competition principles, acceleration of enterprise structural reforms and execution of mass dismissals in so-called globalization era. When one considers the social character of management dismissal, it is clear that the laws that regulate management dismissals exert an enormous influence on job securities for employees as well as improvement of enterprise management. The object of this article is to examine the trends as revealed in recent judicial decisions, finding logic in them and laying foundations for just application of the laws. The author argues that after the amendments of the statutes, the Court at once seized four requisites for effective management dismissal, in essence clinging to old precedents which require “the dismissal to be admitted as completely and objectively reasonable and socially rational when considered as a whole”. He further underscores that a dismissal lacking even one requisite is to be considered illegal dismissal that is deficient in “objective reasonableness and social rationality”. Lastly, the author argues that the meaning of the prior conference with labor representative should be interpreted not as “a simple process of collecting opinions”just like the Courts do, but as “laborers’ understanding or comprehension”through sincere exchange of opinions.