정리해고 등 기업의 고용조정과 독일의‘조업단축지원금’제도의 고용안정망 역할에 관한 고찰 - 쌍용차 정리해고 사태에 대한 독일 ‘조업단축지원금’제도의 시사점 -

This article aims at analyzing the problems of mass redundancy dismissal and the improvement of employment safety system in the economic crisis. Due to the conflicts caused by mass redundancy dismissal such as in the Ssangyong Automotive Company and Hanjin Heavy Industry Co., there are some hot debates on the alternatives for the amendment of law and institutions under way. First of all, it is to say, that in applying of law against mass redundancy dismissal, the rightness of preconditions and the procedural correctness are the main issues, and the interpretation and implementation of law and the effectiveness of supporting policy are also in debate. In other words, the followings are also required to be kept; right judgement on the urgent managerial need, searching for possible methods for avoiding dismissal, application of rational and just criteria in deciding the redundant workforces, duty to give a notice 50 days prior to dismissal day to a trade union and duty to report against mass redundancy dismissal, and credible consultation between the partners each other. These kinds of points are the main issues concerning the amendment of law(Labour Standards Act § 24, Restriction on Dismissal for Managerial Reason). Beside these kinds of legal regulations, this article proposes for the building of systematic employment safety net and the introduction of short time working fund before the mass redundancy dismissal. While there is some opinion for the abolishment of mass redundancy dismissal law, it is not so much helpful, because this is already being justified through the ‘case law'. In the mean while, there is not any kind of alternative which is effectively functioning against mass redundancy dismissal in the plant-level. In this aspect, this article comes to the conclusion that beside the amendment of law, the systematic building of so-called multi-layered employment safety net and their coherence in the plant level, in the sectoral level and in the central government level are the most urgent social things. Concretely, in the economic crisis, it is required first to organize the consultation between the social partners in order to bargain for reduction of working time, and secondly to use the individual working time accounts deposited by overtime work, holidays, paid leave and training leave etc. At the same time, this article is paying special attention to the role of short time working fund to evade mass redundancy dismissal in the economic crisis, which has shown the best performances such as in the countries like Germany, France, Belgium, and Austria. Accordingly, this article is actively for the introduction of short time working fund and its institutionalization as the employment safety net in Korea.