일반해고의 정당성 판단에 대한 판례법리의 검토 ― 저성과자에 대한 해고의 정당성 판단을 중심으로 ―

The Article 23 of LABOR STANDARDS ACT restrict the dismissal without justifiable reasons, which is supported by precedents. But the existing precedents cannot cover the cases of the low performer and the person with lack of ability. To decide whether dismissal of these people is fair or unfair, the Right of Rescission on CIVIL ACT and The Article 23 of LABOR STANDARDS ACT should be considered together. When determining the fairness of dismissal of low performers, it is necessary to take phased approach. First phase is to find the reasons of dismissal, which is applied under general principles of CIVIL ACT. Therefore the employer's Right of Rescission is not limited. However this right can be limited to protect employees according to LABOR STANDARDS ACT, but this is a matter of solicitude from Principle of good faith.