독일 해고법 상 해고정당성 판단과 구제방식에 관한 소고

No one can deny the fact that dismissal protection legal principles is an important area of labor law system. As long as the law and the case is not changed, effort to strengthen or weaken is meaningless. More than anything, the systematization of basic principles for dismissal also appear to need. Proportionality principle or last resort principle of dismissal has been built to a precedent legal principles. however, the need to be a variety of realistic dismissal legislation system are appeared. I think that a realistic goal considered in improving the dismissal law is something else. The first is to correct the nature of the dismissal system. The dismissal system forever can not be put in the area of the disciplinary system. Secondly, in relation to the dismissal relief systems, to enhance their effectiveness and to increase the accessibility to legal parties. Because, minimizing the consumption dispute is also to reduce the social burden. In the course of the reorganization of the German dismissal legal system, these points have been emphasized, it is seen as largely to suggest to us. Germany has taken a single legal systems related to dismissal. By providing a relatively diverse system, It planned detailed clarity. However, regulations on the current Labor Standards Act related dismissal does not reflect the structure of validity judgment and attribute and procedure of the various legal systems. Dismissal legal system is not dependent on the labor operational custom. This is intended to mean that they neglect a variety of legal disputes that it can come from dismissal, further overlooked that even how such conflict induces. There is a need to actualization and specialization of standard that improving predictability on Judicial outcome related dismissal. As a result, it is important that the dismissal norms operate substantially in labor and management both. Users should realize that they should comply with the provisions on the dismissal legal system, workers also easily make a conclusion about what kind of legal action that are possible in relation to the dismissal performed. Advancement of the dismissal system is not relaxation and strengthening of dismissal law, It must be focused on concentrate that dismissal institutional system to work effectively from the reality of the labor.