대학구조조정에 따른 대학교수의 고용조건변경

If the number of universities is regarded as an employee covered by the Labor Standards Act, universities must obtain the consent of their college professors to change working conditions under the Labor Standards Act. Furthermore, for the disadvantageous change of the employment rules on the working conditions, it is necessary to obtain the consent of the working group by applying the closure rule of Article 94 (1). On the other hand, if the number of universities can not be regarded as workers to which the Labor Standards Act applies, universities or university professors will have an additional duty as a party to the employment contract. In other words, the number of university professors is obliged to pay the benefits of the labor service according to the characteristics of the bilateral contract, and the universities bear the obligation to pay compensation accordingly. In addition, both parties bear contractual obligations. In general, the number of professors who are laborers are obliged to fulfill their obligations, and universities of users pay the obligation to care. In particular, the contents of the obligation of consideration by the employer in the contract of employment are broadly recognized as a subsidiary obligation of the employer including the obligation of safety consideration of the user under the civil law. In other words, the obligation of user's consideration includes the obligation not to terminate without legitimate reasons so that the laborer can continue to provide labor, or to not unilaterally change the employment conditions of the laborer, which is the content of the employment contract.