노동법상 저성과자 관리방안에 대한 법적 소고

What we had for the problem in operational methods for those under poor performance are related to the fairness of evaluation and reliability. Recently, the government discussed over ‘operational methods for those under poor performance’. So, we have expected this ‘fair personnel guide’ issued by the Labor Ministry could make it possible to provide a reasonable and fair management for those under poor performance, and could use the personnel operation on the focus of job ability and performance. However, this guideline has some problems, as this guideline has no legal bounding in its characteristics and the employer is generally in charge of legal disputes and responsibilities. So, this shortage of legal effect provides more uncertainties in the companies’ labor management. The use of this guideline has been very negative in the views of the labor and management bodies, and so the operational methods to control those under poor performance have continuously been in dispute. Now is the earnest situation necessary to introduce a new operational method for those under poor performance. That is, it is urgently needed to introduce or improve a fair personnel evaluation method. This tool, NCS(National Competency Standards) is strongly recommended for active use. When this operational tool is used suitably, this also matches the government’s policy to activate the personnel operational system focused on job ability and performance. This thesis deals with the problem in operational methods for those under Poor Performance in Terms of Labor Law in the following order: II. Status and Legal basis for those under Poor Performance(Concept, Reasons for dismissal, and types of management) ; III. Justification to control those under poor performance; and IV. Limitations of the Fair Personnel Guideline and Introduction of the NCS(National Competency Standards). In the long run, I hope this study can improve a dual structure of labor market and provide a win-win plan in labor-management relations.