개정 해고법제의 주요 내용과 그 평가

The main characteristic of the current amendment on dismissal laws is the introduction of mandatory deposit system for implementation and dismissal compensation system. This amendment can be evaluated in a positive manner on the ground that it ensures the effectiveness of relief order from the Labor Relations Commission and improves the elasticity of relief system. Especially, the amendment to notify a lay-off worker of the cause and time of dismissal in a written form is very desirable because there have been continued disputes between parties on the settlement of factual relation regarding the existence of dismissal measure. Despite this forward-looking amendment of the dismissal law, this paper tries to complement several insufficient aspects of the amendment. First, the diversification of relief method needs to be considered after taking the concept of constructive dismissal in British law into account. Second, we need to contemplate how to reinforce the reconciliation on dispute resolution process. Moreover, in the long run, the labor court needs to be introduced in order to improve the dismissal relief system. Third, dismissal conditions need to be stipulated in a statutory form in order to accept the principle of appropriate dismissal process and to rationally manage the interests between labor and management. Fourth, the period of dismissal notice needs to be adjusted in proportion to the length of service in order to make full use of the function of dismissal notice. Fifth, although the intension of resignation is declared, the revocation should be allowed within a certain period of time(for example, 7 days) in order to secure the legal stability.