미국법상 해고자유원칙에 관한 학설의 입장과 META를 통한 검토
A Study on Scrutinizing the Theories Regarding Employment at Will Rule through META in American Law System.
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Abstract
A Study on Scrutinizing the Theories Regarding Employment at Will Rule through META in American Law System.Yong-Ho Phi***攀*** Assistant Professor of Hannam University College of Law, Ph.D. in Law.攀攀In American law system, employment termination law is based on the employment at will rule which gives employers the unrestricted right to fire their employees who do not have definite-term employment contracts. Employers may fire employees for no reason at all, and they may fire employees for any reason that is not specifically prohibited by state or federal statute or by judicial interpretation of common law tort and contract principles. Epstein and other defenders of employment at will focus on the nature of employment as a market transaction between the employer and the employee, a trade of labor for wages. In their view, because permitting either party to terminate such an exchange relationship at will is the most economically efficient choice, the law should not restrict an employer's right to fire an employee. Most opponents of the rule including Blades focus on the costs to wrongly-fired employees, whether those costs are economic, dignitary, or psychological, they think it’s unacceptably high. Opponents generally agree that employees should be given some form of property right in their jobs, such a property right would reduce unfair termination to the absolute minimum because employer must show good or just cause to take that job away. The absolutist form of the at will rule is no longer a serious possibility, on that account, defenders and opponents keep on disputing with each other about the soundness of the rule in order to maintain the rule or replace it with just cause protection. This study is a scrutiny of this polarized theoretical debate through Model Employment Termination Act.
참고문헌 (27)
- "부당해고 구제의 실효성 제고방안" (2003), 한국노동연구원
- "미국의 해고자유원칙과 그 제한의 법리", 6(3) (2006), 한국노동연구원
- "미국 노동법제의 이해 - 미국 노동법제도 개설 및 분석" (2003), 한국노동연구원
- "미국의 해고자유원칙의 수정과 부당해고의 제한", (8) (1999), 서울대학교 노동법연구회
- "Time to Fire Wrongful Discharge Law", 74, pp.1901~ (1996)
- "An Empirical and Economic Reassessment of the Rise of Employment At-Will" (1994)
- "A New Common Law of Employment Termination", pp.66~ (1988)
- "Individual Protection Against Unjust Dismissal Time for a Statute" (1976)
- "Leasing Human Capital: Toward a New Foundaiton For Employment Termination Law", 27, pp.111~ (2006)
- "The Development of the Employment-at-will rule Revisited: A Challenge to its Origins as Based in the Development of Advanced Capitalism", 13, pp.75~ (1995)
- "The Traditional View on the Origins of the Employment-at-Will Doctrine Myth or Reality?", 33, pp.1~ (1995)
- "Employment-at-Will:The Impending Death of a Doctrine", 37, pp.653~ (2000)
- "Property Rights in One’s Job The Case for Limiting Employment-at-Will", pp.24~ (1982)
- "The Unintended Destination of Contemporary Trends in Employment Law" (1993)
- "A Treatise on the Law of Master and Servant Covering the Relation and Liabilities of Employersand Employees" (1877)
- "Baseline Questions in Legal Reasoning The Example of Property in Jobs" (1989)
- "The Development of the Employment-at-will rule", pp.20~ (1976)
- "A Critique of the Model Employment Termination Act", pp.43~ (1994)
- "Employment at Will vs On Limiting the Abusive Exercise of Employer Power", pp.67~ (1967)
- "The Model Employment Termination Act-- META--More Aptly the Menace to Employment Tranquility Act: A Critique", 25, pp.1027~ (1996)
- "Bargaining with Imperfect Information: A Study of Worker Perceptions of Legal Protection in an At-Will World", 83, pp.105~ (1997)
- "In Defense of the Contract at Will" (1984)
- "A Defense of the Employment at Will rule", pp.27~ (1983)
- "The Duration of Indefinite Employment Contracts in the United States and England" (1982)
- "Labor and Employment Law at the Millennium A Historical Review and Critical Assessment", 43, pp.351~ (2002)
- "Unjust Discharge Reform Heads Toward Full Flower", pp.67~ (1988)
- "The Making of the Model Employment Termination Act" (1994)