통상해고 지침을 둘러싼 논쟁에 대한 소고: 오해와 오류를 중심으로

Abstract

On December 30th, the Ministry of Employment and Labor announced the guideline for modification to the rules of employment and dismissal on the grounds of personal capability. As the labor has been against this guideline, the conflict between the labor and government has grown. This study aims to review key point and original object on the guideline of dismissal on the grounds of personal capability, and examine whether the labor’s contention would be reasonable or not. The guideline for dismissal on the grounds of personal capability contains that it is not to preserve the employment relationship any more because the employer doesn't do despite opportunities to change the inappropriate behavior. For example, if the management gives poor performers opportunity (like education and training) to improve performance, it is a justifiable reason for dismissal that labour relations can't be expected to be maintained by social norms. Although the labor’s contention is misunderstanding that the government’s guideline makes dismissal easier, the government needs to clarify a justifiable reason methodically and rationally. Performance-based human resource management system is based on securing objectivity and fairness of performance appraisal, It depends on the labor market environment, experience of implementing appraisal system and perception of employees. We need to analyze the performance appraisal in Korea which works appropriately. Although the labor might misunderstand theoretically the guideline, it could be abused in each part of situation. Therefore, the government should try to reduce the risk of guideline for dismissal on the grounds of personal capability.