노동법에서의 절차와 절차위반의 효력 - 4가지 절차규정을 중심으로 -

Analysing the positions of theories and precedents on the effect of the practices deviating from the procedures of advance notice of dismissal and of disadvantageous amendments of rules of employment in the Labor Standards Act and the procedures of the votes on strikes and of the mediation preceding in the Trade Union Act, this paper begins to wonder what the procedures provided in the labor laws are, and how to interpret them. This paper can be considered as a path through which this writer have found the answers to the questions above. In the process of the inquiry, this paper tries to find the purpose for each of the procedures, to make the purpose of each of the procedures to be accord with the purpose of the law in which each of the procedures is provided, and to interpret the procedures considering the purposes of the substantial provisions, which are the objects of the procedures together with the purposes of the procedures themselves. Of course, it is the basic position to interpret laws, this paper finds that not all the theories and the precedents stick to this basic position while unfolding arguments. Accordingly, this paper criticizes such theories and interpretations of the precedents, and decides the meaning of procedures in the labor laws and the effect of practices violating them. As a result, this paper comes to draw the conclusion consistent with the trends of the Labor Standards Act and the Trade Union Act, i.e. restriction and permission. The remaining problem is to check whether it is possible to draw the same conclusion when expanding the subject of this paper.