근로권과 해고제한의 근거 - 헌법재판소의 결정의 비판적 검토 -

The Labor Standards Act protects employees by making the minimum standards of working conditions. Deciding the continuity of the labor relationship between the employer and the employee is the most important factor in employee protection. Restricting the employer's right to dismiss is important in labor-management relations, as employees lose their source of living while employers accelerate labor flexibility through dismissal. The Labor Standards Act restricts employers to discharge workers only when they have a valid reason. Constitution is the mother law of labor law, which is based on the article 32 and 33 of the Constitution. Individual labor law is formed by the article 32, and collective labor law is built up by the article 33 of the Constitution, respectively, on the basis of positive law. The Korean-Constitutional Court decides that restriction of employer's dismissal right is based on the freedom to choose occupation from the article 15 and the right to work from the article 32 of the Constitution. Some theories criticize the Constitution's decision about restricting employer's dismissal right. In other words, although restriction of dismissal should only be based on the freedom to choose occupation this is also built up by Constitutional right to work. In addition, some jurists insist that restriction of dismissal should be eased to strengthen labor law flexibility and discussions that not only employee's monetary relief but also employer's relief should be accepted in unfair dismissal. I intend to analyze the Constitutional Court's decision and comparative method study (the Japan, English, Germany cases) to find out the reasons to restrict employer's right to dismiss employees.