경영상 해고 관련 근로자 보호 법제의 입법․정책적 개선방안

Dismissal for managerial reasons, as stipulated under the Labor Standards Act, is not directly attributable to employees, has a collective character, and entails certain protective measures that remain enforceable even after dismissal. There is a need to re-evaluate the meaning of dismissal for managerial reasons in light of the possibility of an economic crisis. However, limiting discussions on the protection of dismissed employees to statutory requirements would not suffice. Since dismissal of employees for managerial necessity deviates from the general regulatory system governing individual labor relations, the scope of the discussion must be expanded to encompass collective labor-management relations, links with the social security systems, reemployment and life-career planning, the provision of education and training, and measures to ensure mental health. Changes in the legal and regulatory provisions related to dismissal for managerial reasons reflect an increasing emphasis on employer responsibility, while no substantial change has occurred with respect to the responsibility of the state or the government. Judicial precedents have developed the legal principles that determine the requirements for dismissal for managerial reasons. Recent rulings have further clarified the requirements for “urgent managerial necessity” by considering the specific characteristics of the business concerned. International standards recognize dismissal for managerial reasons as a social phenomenon and urge various means and methods to be devised to resolve it. In particular, international standards emphasize the provision of education and training for dismissed employees, the establishment of financial support plans, consideration of the need for social protection, and the role of the employee representative bodies, all of which offer significant implications for Korea's legal system. The system to protect employees dismissed for managerial reasons should be designed by considering their heightened need for social protection. It is important not only to ensure the protection measures provided under the Labor Standards Act, but also to strengthen coordination with other legal frameworks from a social security perspective. From this standpoint, this study proposes: (i) revising the requirements for dismissal for managerial reasons and reinforcing preferential reemployment obligations; (ii) strengthening the functions of the Labor-Management Council and improving the employee representative system as well as devising institutional responses according to the revised union legislation; and (iii) expanding social security measures, including priority protection status, as well as support for reemployment, life-career planning, education and training opportunities, and mental health protection for dismissed employees. It is hoped that the legal framework governing dismissal for managerial reasons will evolve into a system that effectively prevents disputes by imposing appropriate constraints on dismissal, enhances the overall level of protection for workers, thereby contributing to the prevention and management of risks in the labor market and serving the national economy.