개정 근로기준법상 우선재고용제의 법적 평가 및 쟁점 검토

The amended Labor Standards Act of South Korea establishes the priority of rehiring system. Workers who have been discharged for economic reason should be given a priority of rehiring if the employer again hires workers, subject to their having, within 3 years from the time of the dismissals, expressed a desire to be rehired. The priority of rehiring provides a means of job security. The purpose of this paper is to compare our rehiring system with the ILO's international labor standards and the French system, and to solve legal problems of our system. The international labor standards of the ILO, the Recommendation No.166, provides the minium standards of priority of rehiring. The French Labor Code and its judicial precedent permit to access to mush useful interpretation. Main things to deal with in this paper are criteria for the priority of rehiring, procedures which employers should follow, and legal responsibility which employers should take in case of a violation of the law.