대기발령의 법적성질과 정당성

The discussion about order of placement on a waiting list all this while covered the facts which should be considered as discipline. This method has been opened the route of being able to dismiss the workers without the discipline process. In this paper, the reasons of placement on a waiting list which are meant to be seen as the reasons of discipline, has been classified into the discipline. The representatives are insufficiency ability of carrying out the duty, the work performance or placement on a waiting list. As those reasons are about valuation on previous actions of workers, it should be seen as discipline. Order of placement on a waiting list can be classified into two sorts on large-scale. One of them is its original intention and the other one is the order of placement on a waiting list in the capacity of discipline. According to Clause 1, Art, 23 of the Labor standard act, order of placement on a waiting list has to imply justifiable reason as it deals with the disadvantage of the labor. In the judgment on whether order of placement on a waiting list implied justifiable reason or not, the standard of judgement can be varied depend on two types which are mentioned above. The natural retirement(natural end of relationship with the labor) after order of placement on a waiting list is substantially a dismissal. Thus, this case must have a justifiable reason. the standard of judgment on justifiability of this case can be varied by the individual reasons of order of placement on a waiting list in the capacity of discipline and the natural retirement after order of placement on a waiting list has to be broken off in oeder to grasp. Due to discipline is a conclusive punishment.