노동법에 있어 사회통념과 정당성 - 판례분석을 중심으로 -

Labor law regulates subordination work beyond labor contract. Employee is not legally and realistically equal to employer in labor relations. On account of unequal labor relations labor law control employers’ power. Employers have a power to dismiss and the right of personnel management. In Korea, Employers have a power to make working rules. Labor law play a role of controling employer‘s power by judicial review. In Labor Standards act, employer’s dismissal demands justifiable cause. Dismissal without justification is invalid. But in judical precedents, a dismissal shall, if it is not considered to be appropriate in general societal terms be invalid. In supreme court decisions, a disciplinary measure against workers may be found illegal under circumstances where the measure severely lacks validity in accordance with social norms, and recognizable as an abuse of discretionary power. Korean Supreme Court consider social norm or socially accepted idea as a standard of judicial review when judging employer’s dismissal or personnel management and union’s industrial action. This study analyzes supreme court decisions on the justification of dismissal, making or changing ‘working rules and industrial actions. Korean Supreme Court takes a rational or economic attitude on the employer’s dismissal or union’s industrial actions. Legal justification in labor law is replaced by economic needs or economic rationality in terms of a socially accepted idea or social norms.