판례상 합의해지에 관한 화해 - 대판 2001. 1. 19, 2000다51919의 검토를 중심으로 -

Regarding the method of termination by agreement, we can see that settlement is heavily considered for termination by agreement itself or for liquidation of rights and obligations from existing contractual relationship which is the object of termination by agreement. Settlement used as method of liquidation is mainly done in termination by agreement conducted together with notice of dismissal. In Korea, unlike Germany or England, there have not been a lot of discussions on the settlement related to termination by agreement. However, early retirement incentive and monetary award remedy in section 30 (3) of Labor Standards Act etc. are understood to have the nature of such settlement. Nevertheless, it can be gathered from the Korean cases that they recognize the settlement's function of presuming voluntariness of agreement in termination by agreement. Therefore, termination by agreement entered into through settlement is deemed to reduce related disputes.