해고회피노력에 관한 몇 가지 문제점

Employer shall make every substantial effort to avert or minimize termination caused by Indispensable Need in Management under Article 31 Section 2 of Labor Standard Act. That is to say, employer should endeavor to take all realizable measures except workforce reduction in order to overcome confronted managerial difficulties, if all measures taken failed to eliminate Indispensable Need in Management or there were no other choice but choosing workforce reduction, and then only, employer's substantial effort to avert or minimize termination would be recognized as fulfilled. However, due to the passive stipulating attitude of Labor Standard Act and the abstract character of provisions related, it is definitely not easy to judge whether employer's substantial effort to avert or minimize termination is fulfilled or not in the individual case, which raises many trouble in related matters. With being based on this understanding, it is necessary to present the point at issue especially in the parts passed over by theories and courts with the intention of triggering heated discussions. This brief thesis sets the scope and treats several issues regarding substantial effort to avert or minimize termination under the part name of Classifying employer's substantial effort by stage and range, Dismissal at one's own request and Priority of rehiring, Successful substantial effort of employer's and Workforce reduction for one laborer respectively. Animated discussion on the matter of substantial effort to avert or minimize termination is expected henceforth.