저성과자에 대한 합리적인 인사관리방안과 관련한 법률상 쟁점 검토 - 전략적・체계적 관리방안의 수용가능성 검토를 중심으로 -

Abstract

A strategic method of management of poor performers, a new technique in human resources management for the continuous growth of businesses, is increasingly wide-spreading. It is necessary to have it evaluated in legal terms in accordance with labor law for practical applications of the new management method which receives attention from business administration. This study examines possible legal issues in process of each phase. To put it concretely, this study reviews details on the new management method of poor performers from corporate management in the first place and considers evaluation for them in labor law and interpretation and management plans fitted with the current law, considering the cases of other countries. For this, structure and system for the article 23 of the Labor Standards Act is also reviewed. According to the article 23, disadvantageous, unilateral personnel measures by an employer can be ruled and it is possible to rule even unfavorable changes in terms and conditions of employment beyond authority over human resources in the narrow sense as a last resort. Thus, process of each phase in a strategic method of management for poor performers, or the type of competence improvement, job management, and relations adjustment is within the legal boundaries. Furthermore, in spite of a strategic method of management if employment of a worker cannot be accepted by social norms then and not till then disciplinary dismissal will be possible but the essence of disciplinary dismissal suggests that a management method of poor performers by process of each phase is better suited to dismissal on the grounds of personal capability. In management of poor performers, the conflicting interests of labor and management can be opposed sharply. Therefore, application of the law requires much review and effort so that the reasonable interests on both sides can be adjusted.