경영해고 법리․법제의 과제 : 미국의 관련 법리․법제의 이해와 시사

The purpose of this study is to present, examine, and propose several discussion points currently debated in the effort to reform legal provisions of employment dismissal in the Korean Labor Standard Act. Connectedly, the legal principles and legislation of the United States will be used as the standard by which such examination will be measured. Interestingly enough, it is important to point out the difficulty in identifying the origin of or even finding any clear evidence of the right of dismissal or right of management in the US labor market. Moreover, while the dismissal laws of two countries may appear similar on the surface, upon close examination of US laws, there exist “4 unique elements” that employers must provide before firing someone without engendering adverse legal repercussions. Then, in order to protect the rights of workers in Korea, it may be necessary to revise and strengthen the current legal wording in the act by specifying “elements” comparable to those put into effect in the US. Finally, in the event of dismissal, the union ought to help reach an agreement, and such negotiation ought to be regarded as a compulsory process.