사직의 해고해당성과 의제해고법리의 검토

The existing legal principles on dismissal and changes in working conditions, were formed with a long-term employment system and seniority-based personnel institutions as its background. The changes described above means that the current legal system is incapable of dealing with current problems and issues. The legislation on dismissal includes various conditions, including the restriction of dismissal without justifiable reason and prohibition of such dismissals, and a build up of a multi-layered protection system against unfair dismissal. Yet, in application of the laws, the object of the protection against dismissal is limited to the cases where employers show intention to terminate labor contracts, so that termination of employment through non-dismissal declaration of intention is not regulated. What is more, it comparatively considers constructive dismissal in the United Kingdom, regulating the phenomenon of intersection of dismissal and alterations of working conditions for legislative examination. it examines the legal principle of constructive dismissal in the United Kingdom to organically regulate the phenomenon of non-dismissal termination of employment, which is prevalent nowadays and suggests regulation of dismissal with extension of the concept when a worker's resignation is caused by alteration of working conditions.