노동법에서의 신의칙과 권리남용금지의 원칙 ― 개별적 노동분쟁사건 적용례의 검토를 중심으로 ―

The Korean Civil Act provides that the exercise of rights and the performance of duties shall be in accordance with the principle of trust and good faith, and no abuse of rights shall be permitted. This principle has a wide range of applications. Labor law Cases are subject to the principle. The purpose of this article is to analyze the Korean Supreme Court decisions on the principle of Trust and Good Faith and abuse of rights in Labor Law. The analysis focuses on why and how the principle is applied to the individual labor disputes, and what the problems of its application are. The analysis shows that the Supreme Court tends to make use of the principle to protect the rights and interests of employers at the cost of employees' rights. For example, employees can't request a remedy for their own unfair dismissal because of invalidation when they don't bring their action in a court within a reasonable period of time, while the Labor Standards Act has no limitation of the action. This article suggests that the dominant-subordinate relationship between a employer and his or her employee, and the basic thought of protection of employees should be taken into consideration when a decision is made on the issue related to applying the principle of trust and good faith and abuse of rights.