부당해고의 불법행위책임론적 구제법리

This thesis attempts to compose a comprehensive legal theory of unfair discharge remedies based on the tort liability. I introduce the legal theory of unfair discharge remedies based on the tort liability under the US labor law, and from there, criticize the existing legal theories that are limited to damages and subordinated to the legal theory of discharge invalidity, and constitute a new legal theory. It was argued theoretically that the reinstatement order corresponding to the injunction, as well as damages, was recognized as remedies based on the tort liability theory of unfair discharges. The types of injunctions were categorized and their requirements were systematized accordingly. It was argued that not only emotional damages but also future damages and reliance damages are recognized if the reinstatement order is not chosen. It was argued that the legal theory of unfair discharge remedies based on the tort liability applies to unfair labor practices, retaliatory discharges, and discriminatory discharges. In this regard, the important significance of the special clauses on discharge restrictions was clarified, and were tangibly organized. It was argued that the legal theory of unfair discharge remedies based on the tort liability was excluded for discharges in violation of the general clause of discharge restrictions. Accordingly, it was argued that the remedies for discharge by the Labor Relations Commission should be based on the legal theory of remedies based on default liability. I criticized the case law of the Supreme Court, which recognized the legal theory of the unfair discharge remedies based on the tort liability only for emotional damages. The new Supreme Court precedent that expanded the scope of damages based on tort liability theory of unfair discharge was also critically reviewed. The relationship between the invalidity theory of unfair discharges, the legal theory of remedies based on default liability of unfair discharges, and the legal theory of remedies based on the tort liability of unfair dischares was reviewed, and the necessity of enacting a comprehensive legislation on discharge restrictions was argued. The problem of organizational and collective theory of unfair discharge remedies was raised as a future research project.