부당해고구제명령에 대한 사용자의 소제기에 관한 연구

Korea's Labor Standards Act stipulates that employers cannot fire workers without justifiable reasons, imposing stronger restrictions on employers' unfair dismissal than in private law. Meanwhile, if a worker is unfairly dismissed by an employer, there is a mechanism in place through the Labor Relations Commission to provide quick, simple, and economic relief. Apart from general administrative procedures, workers are protected through relief orders from local labor committees, retrial rulings from the National Labor Relations Commission, and lawsuits for cancellation of unfair dismissal sanctions retrial decisions. Unlike general administrative trials, administrative procedures for relief under the Labor Standards Act can be appealed not only by workers who are eligible for relief but also by employers who have committed unfair dismissal. IIn particular, in practice, the state and local governments are in the position of employers, disobey the Labor Relations Commission's relief orders for their employees and carrying out administrative lawsuits against their employees. As a result, the state is burdened with litigation costs and administrative power is wasted. To protect workers who provide public services, must be amended the law so that the state and local governments are bound by the Labor Relations Commission's relief orders.