조업단축제도를 통한 고용유지- 독일 법제에 대한 비교법적 검토를 중심으로 -

This paper intends to examine the operation curtailment system of Germany which promotes the job security and employees’ stabilization of livelihood and seek implications through this. The operation curtailment system in Germany is interpreted as one which is always closely related with the support fund for operation curtailment. To summarize main features of operation curtailment system and implications through this, they are as follows. First, the operation curtailment of Germany enables the employees and government to assumes the burden and damages in certain degree from operation curtailment through the labor law and social security law but is organically connecting maintenance of employment, partial supplementation of wage loss and improvement of job skills for employees, payment of social security premiums or tax benefits for employers and employees, etc. This shows the way of crisis overcoming and copying with them through the solidarity with the tripartite commission of labor, management and nation and mutual solidarity among workers in dander of the economic crisis, economic downturn and so on which can happen unavoidably and abruptly in any country of the world. Second, the recent judicial precedents of Germany with regard to the relationships between management layoffs and operation curtailment are requiring for the operation curtailment to precede the layoff. In Korea, the implementation of layoff is also acknowledged as an attempt for avoidance of dismissal but is different in that the operation curtailment and business closure due to managerial reasons are not defined in detail unlike Germany and are not necessarily required ahead of managerial dismissal in interpretation. Third, the operation curtailment system in Germany is preparing tools of protecting employers and employees by relaxing the burden of employers and damages of employees due to implementation of operation curtailment through the support fund for operation curtailment. Above all, it is important to define the claims for support fund of operation curtailment as rights under laws and specify the requirement and details in all laws. The operation curtailment system of Germany is not merciful or arbitrary system which is provided to workers in the managerial crisis but the system in which employees can enjoy as their rights. Especially, in case of the employment maintenance support fund under the Employment Insurance Act in Korea, it is distinctly differentiated in that it does not have features of employees’ rights. Fourth, Germany took temporary measures of relaxing payment requirement of operation curtailment support fund through enactment of special law when there is a concern of mass unemployment due to the severe economic crisis. Like this, it is required to note German swiftly and flexible coped with job security and protection of employees’ rights to live in the national level.