국제선 객실승무원에 대한 징계의 정당성 판단과 취업규칙 불이익변경

In terms of labor contracts, workers and employees are clearly on an equal judicial basis. However, the positions of employees and workers are not equal in labor relations. In the case of disciplinary action, the appropriateness of disciplinary action can only be judged by punishment. At this time, the question is whether workers can be protected from abuse of their right to discipline. Under the Labor Standards Act, employees may only take disadvantageous measures against workers if there is a ‘justifiable reason’. ‘Justifiable reasons’ should include ‘justification of grounds’, ‘appropriateness of disciplinary provisions’, and ‘justification of procedures’. Even if the reason is justifiable, it will be a problem if it does not have ‘the appropriateness of disciplinary proceedings’ and ‘the legitimacy of disciplinary proceedings’. The appropriateness of disciplinary action issue refers to ‘the correlation between the grounds for disciplinary action and the type of disciplinary action’, indicating that the type and content of disciplinary action taken by workers are appropriate. In principle, it is at the discretion of the disciplinary authority to choose what kind of disciplinary action to be imposed on the worker if there is a ‘justifiable reason’. However, there is a need for a balance between these disciplinary reasons and disciplinary measures, and it is invalid to impose harsh sanctions on minor disciplinary reasons. For these reasons, even if there are legitimate grounds for disciplinary action on the surface, it is not necessarily justifiable. In relation to disciplinary actions, employment rules including disciplinary actions are also prepared and changed by users. In this way, the employment regulation system is essentially a unilateral regulation of service in the workplace, so strict procedures are necessary to change the working conditions of individual labor contracts to disadvantages. Since both disciplinary and employment regulations grant unilateral authority to users, research is needed to protect workers. In this paper, let's take a look at whether the user's judgment on the legitimacy of disciplinary action and the "appointment procedure" fall under the employment rules and whether the employment rules are disadvantageous.