서울지노위 판정례 분석을 통한 경영상 해고의 운용실태와 특징

Abstract

There are many debates upon rigidity of labor market in Korea. Especially, flexibility of labor market is impaired because of rigidity of dismissal legal system. Art. 24 (Restriction on Dismissal for Managerial Reasons) of Labor Standards Act : “Dismissal of a worker by an employer for managerial reasons shall be based on urgent managerial needs. In such cases as transfer, acquisition and merger of business which are aimed to avoid financial difficulties, it shall be deemed that an urgent managerial need exists(§24 ①)”, “In the case of paragraph ①, an employer shall make every effort to avoid dismissal of workers and shall select workers to be dismissed by establishing rational and fair criteria for dismissal. In such cases, there shall be no discrimination on the basis of gender(§24 ②)”, and “With regard to the possible methods for avoiding dismissal and the criteria for dismissal as referred to in paragraph ②, an employer shall give a notice 50 days prior to dismissal day to a trade union which is formed by the consent of the majority of all workers in the business or workplace concerned(or to a person representing the majority of all workers if such a trade union does not exist, hereinafter referred to as a ‘workers' representative’) and have good faith consultation(§24 ③).”This article examined the characteristic and operative realities of dismissal for managerial reasons by analyzing 128 decision cases in Seoul National Labor Relations Commission(SNLRC) during the past 8 years. Also this article examined the meanings of dismissal system for managerial reasons in labor market. That is to say, this article examined whether there are obstacle to secure the flexibility of labor market because of rigidity of dismissal legal system, or there are any other reason of obstacle to secure the flexibility of labor market except dismissal legal system. This article judged that the raison d'être of obstacle to secure the flexibility of labor market is not because of dismissal legal system by analyzing the cases of dismissal for managerial reasons including SNLRC.