징계의 본질에 대한 소고

Abstract

The purpose of this review is to describe the explanations of the nature of official reprimand through the analysis on the features of contract employment, meaning of corporative order and the structural characteristics of official reprimand along with contract responsibility. The obligations of labors based on labor contract are determined in general while labor contract settlement and then those obligations are determined in details according to employment rule, labor collective agreement, custom of labor relations, employer's directions etc. The employment relations are made individually, however, mostly it shows the features of collective labor offer so that it is necessary for the employers to organize employees effectively for better execution. Since the employment relations shows the features as personal relationships and continuous reliable relationships that are dependent on mutual reliance between employer and employee, the importance of additional meanings of obligations except provision obligations. It is necessary for the users to organize the corporative order in order to accomplish the efficient business goals and these are embedded based on the regulations such as employment rule. In terms of labor relations, the executors of corporative order regulations are only to be the employees so that the contents of corporative orders consist of the obligations on employees according to contract employment. Therefore, the meanings of corporative order are the regulations that embody the obligations of employees on employer pertaining to contract employment so that the meanings of violation of corporative order can be regarded as the violation of obligations of employees on contract employment. The official reprimand has the characteristics of both one-sided and comprehensiveness. The user can ask the responsibilities of those employees who violate the corporative order by executing the official reprimand as another party of contract employment. Also, the official reprimand of employer can be comprehensive in terms of the views for rights of establishment of official reprimand policy, subjects of reprimand and the measures of reprimand. Since the formation of employer's order regulation cannot be integral, those matters that had not been set as order regulations previously can be subjects for official reprimands. In addition, the measures of assorted official reprimands can be fully explained by responsibilities of contract. Summing up these conditions, the nature of official reprimand can be considered as contract responsibility. Besides, the legal basis that acknowledge the rights of reprimand for employer is the contract employment. Based on the contract employment, the official reprimand is the right that is given to employer who is the another party of the contract. It is also important to execute the study to maintain the labor standard act to protect labors and acquire the equality of labor relations by limiting the one-sided and comprehensiveness of employer's reprimand. Based on the natures and structures of official reprimands in this study, it is necessary to understand the issues that are related with reasons and measures of assorted official reprimands and processes.