우리나라 경영해고의 현황과 과제

Dismissal by Reason of Redundancy forms a distinct category within the law governing termination of employment, viewed in the light that the termination arises out of the failure or economic difficulty of the employers without any liability of employees. Considering this peculiarity, a strict interpretation of justification theory on the dismissal by reason of redundancy could be expected, but the Supreme Court’s decisions have showed very flexible criterion on the evaluation of justification. This attitude have given the employers a lot discretion to decide whether they conduct the redundancy dismissals and how they practice them, while it may impinge on the employee’s right to work. This paper analyses the logics of Supreme Court’s decisions concerned and presents their theoretical and practical problems, showing that its interpretations may not fall within the languages of the Standard Labour Act article 24; urgent managerial necessity, effort to avoid dismissal, reasonable and fair criterion for the selection of those persons subject to dismissal, and duty to inform and consult with the employee representative. This paper also introduces new issues about the employment protection clause and consent clause on dismissal in collective agreement which address some complex problems connected with the redundancy dismissal.