使用者에 의한 勤勞條件 變更과 解雇

It is inevitable to change the labor condition or to discharge the labors under the changing circumstances of the labor environment with the perspective of the employment relations which is the continuous relations, and of rapidly changing environment of enterprises in these days. This Article only analyzes the change of the labor condition by the employer that is explained in two different views: one is the individual change and the other is the collective change. The individual change of the labor condition by the employer is reviewed with the perspective of the supervisory power and the personnel management power. And the Article points out the issue that supervisory power and the personnel management power are used as measures for avoiding the very strict legal principle of discharge, and suggests some schemes for this issue. The collective change of the labor condition by the employer is examined under the consent by the labor union, and explained with the social rationality and the effect of the change of disadvantages if the consent by the labor union is absent. This Article also examines the discharge with the perspective of the general theories and explains the condition of discharge in details. At the end, the Article suggests the introduction of the termination system for the change of the labor conditions and analyzes the possibilities for the introduction of the termination system to our fields.