2010년 노동법 중요 판례

There have been many precedents in the field of labor law in 2010. Among them,those that contain a consistent legal reasoning from the perspective of employee protection, or those that, even if they don’t, clarify a previously unclear point of law should be considered meaningful. In this paper I have examined, within the limits of space, the precedents that seemed meaningful. The Supreme Court can be said to be progressing towards employee protection in 2010 as well. Exclusion of factors at the employer’s discretion from the significant evaluation of employees ; the recognition of merits for granting relief in loss of position that is tantamount to dismissal ; the recognition of illegality in the dispatches practiced by the large conglomerates; the declaration that a explanatory note, if in the nature of a letter of apology, violates the constitutional right of conscience--in these one can detect rational and precise intention for worker protection. Although the finding that a retirement allowance’s associated benefits could constitute an unlawful gain does deviate from it, but is not so much that one should suspect the Court’s sincerity. One may hope that the Supreme Court will stay the course in its direction for employee protection, and that our society will approach the true equality between employers and employees.