기업회생절차상 정리해고 판결의 부당성 - 대상판결: 대법원 2014.11.13. 선고 2012다14517 판결, 대법원 2014.11.13. 선고 2014다20875, 20882 판결 -

Abstract

Ssangyong Motorcar Ltd.’s labor Dismissal(hereafter, Ssangyong’s precedent) is the typical case that company conducted Corporate Reorganization Proceedings under Debtor Rehabilitation and Bankruptcy Act. In case of Dismissal for Managerial Reasons on Corporate Reorganization, which is ruled by article 24, Labor Standard Act, it is recognized to be adopted following conditions for general companies: ① emergence for managerial reasons, ② effort to avoid the dismissal, ③ reasonable and fair criteria, ④ consult in good faith with the labor union or represents. Nonetheless, there are various controversies regarding the application for company on rehabilitation proceedings as Ssangyong case, lack of clear regulation and interpretation causes many critics. In this regard, this paper seeks to analyze the issues of Ssangyong case’s precedent to prevent the expecting conflicts. Upon the examination, Ssangyong’s precedent appears to have following problems in each condition. First, ‘emergence for managerial reasons’, which has been raised by original judge was admitted without careful investigation regardless it should be analyzed with necessity of redundancy. Second, regarding effort to avoid the dismissal, it was recognized by the court, there was no cut of wages of executive members; reversely outsourcing staffs have confronted downsizing. Furthermore, labor union’s suggestion, jog sharing, has been ignored. More importantly, unpaid vacation is initiated after the redundancy. In that sense, it seems difficult to conclude that company’s effort was enough. Third, criteria for selection of dismissal was admitted in first instance, no mention in appeal and final courts. Put it another way, there is a question for carefulness. Finally, consultant with labor union was counted in both of first instance and appeal court, no argument in final court. However, it can be invalidity of the collective agreement due to the circumstance that labor union refuse the redundancy.