사업이전과 해고의 정당한 이유― 영국의 입법과 해석론을 중심으로 ―

When an undertaking is transferred by one party to another in the United Kingdom, the Transfer of Undertakings (Protection of Employment Regulations 2006, SI 2006/246 (TUPE 2006) operates so as to preserve, to a substantial extent, the employee’s statutory and contractual employment rights which he had before the transfer. TUPE 2006 implements Council Directive 2001/23/EC which is commonly referred to as the ‘Acquired Rights Directive’. They revoke the Transfer of Undertakings (Protection of Employment) Regulations1981 (TUPE 1981). This Paper deals with the contents of those two regulations and Council Directive 2001/23/EC with the various decisions on the norms concerned. They show us that European Court and English Court have made decisions to restrict the employer’s power to dismiss the employees of the transferred Undertakings. Comparing this trend with the Korean Supreme Court’s decisions, Korean Supreme Court has made a ruling of recognizing the employer’s broad discretion on the dismissal in times of transfer. This paper emphasizes the change of Korean Supreme Court’s decisions like the British examples.