합의해지의 청약에 있어서 철회와 서면형식에 관한 입법론적 고찰

The courts allow withdrawal of offer in termination by agreement of labor relations, as an exception to Article 527 of the Civil Act which recognizes binding force of an offer. However, since the areas where withdrawal of offer is allowed in termination by agreement is mainly those due to causes related to the employee's personal matters, the effect is not deemed to be wide-reaching. Along with allowing termination by agreement, as provided for by Article 623 of the German Civil Act, it may be considered as a matter of legislation to require termination by agreement of labor contract to be in writing for the purpose of employees' prudence and protection of continuation of labor relations, and a cooling-off period can also be considered.