구조조정의 상시화와 고용 법리의 변화

Korean companies have carried out the labor market flexibilisation policy, differentiating the core-periphery labor since the 1990s with its earlier version focusing on the periphery labor. The court, in line with the idea, excluded atypical workers from the Employment Protection Legislation(EPL). Those accessing the law could freely dismiss atypical workers by refusing to renew an employment contract. The 1997 economic crisis served as a turning point to apply the flexibilisation policy to even to the core labor. In addition, since 2001, Korea has been subject to a continuous restructuring scheme, that is, companies continue to dismiss workers. It is also linked to the adjustment of employment. As such, employers have become exposed to continuous threats. The court supported the labor market flexibilisation policy during the period shown. As a result of the labor market flexibilisation policy, about 55 percent of total employees are atypical workers excluded de facto from the EPL. Nevertheless, as a result of the restructuring in the aftermath of the economic crisis, the Korean economy is continuously enjoying its stable growth. Such a socio-economic situation led the court to be interested in the detrimental circumstances of the periphery labor. As a consequence, recent court rulings attempt to include the peripheral labor into the protection target list in the Labor Law. And yet, it is not a full-scale change of attitudes by the court but a mere action to alleviate side effects resulting from the labor market flexibilisation policy.