판례상 합의해지에 관한 화해 - 대판 2001. 1. 19, 2000다51919의 검토를 중심으로 -
Settlement on the Termination by Agreement in Judicial cases
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Regarding the method of termination by agreement, we can see that settlement is heavily considered for termination by agreement itself or for liquidation of rights and obligations from existing contractual relationship which is the object of termination by agreement. Settlement used as method of liquidation is mainly done in termination by agreement conducted together with notice of dismissal. In Korea, unlike Germany or England, there have not been a lot of discussions on the settlement related to termination by agreement. However, early retirement incentive and monetary award remedy in section 30 (3) of Labor Standards Act etc. are understood to have the nature of such settlement. Nevertheless, it can be gathered from the Korean cases that they recognize the settlement's function of presuming voluntariness of agreement in termination by agreement. Therefore, termination by agreement entered into through settlement is deemed to reduce related disputes.
Abstract
Regarding the method of termination by agreement, we can see that settlement is heavily considered for termination by agreement itself or for liquidation of rights and obligations from existing contractual relationship which is the object of termination by agreement. Settlement used as method of liquidation is mainly done in termination by agreement conducted together with notice of dismissal. In Korea, unlike Germany or England, there have not been a lot of discussions on the settlement related to termination by agreement. However, early retirement incentive and monetary award remedy in section 30 (3) of Labor Standards Act etc. are understood to have the nature of such settlement. Nevertheless, it can be gathered from the Korean cases that they recognize the settlement's function of presuming voluntariness of agreement in termination by agreement. Therefore, termination by agreement entered into through settlement is deemed to reduce related disputes.
참고문헌 (18)
- 곽윤직, "채권각론" (2007), 박영사
- 김유성, "노동법 I" (2005), 법문사
- 김주수, "채권각론" (1997), 삼영사
- 김증한, "채권각론" (1988), 박영사
- 김형배, "민법학강의(제6판)" (2007), 신조사
- 김형배, "채권각론《계약법》" (2001), 박영사
- 노동부, "노사관계선진화입법 설명자료", ~ (2007)
- 법원행정처, "사법연감 2007", ~ (2007)
- 송강직, "해고무효, 2001 노동판례 비평, 민주사회를 위한 변호사모임", ~ (2001)
- 이시윤, "신민사소송법" (2006), 박영사
- 이은영, "채권각론" (2007), 박영사
- 조성혜, "부당해고 시 금전보상제도에 대한 비판적 검토", 노동정책연구, 9(1), pp.131~165 (2009), 한국노동연구원
- "Bauer, Arbeitsrechtliche Aufhebungsverträge, 8. Aufl., 2007", ~ (2007)
- "Burkardt, Der arbeitsrechtliche Aufhebungsvertrag, 2004", ~ (2004)
- "Freedland, The personal employment contract, 2006", ~ (2006)
- "Gernhuber, Handbuch des Schuldrechts, Band 3. Die Erfullung und ihre Surrogate, 1994", ~ (1994)
- "Hümmerlich, Abschied vom arbeitsrechtlichen Aufhebungsvertrag, NZA 1994, 200", ~ (1994)
- "Kotthaus, Der Arbeitsrechtliche Aufhebungsvertrag, 1987", ~ (1987)