독일의 해고구제제도에 관한 소묘

Abstract

As unfair dismissal in Germany has the structure fundamentally different from

that in Korea as seen in the situation that the unfair dismissal is relieved

through Arbeitsgericht, it is needed to understand the relief system as it really is,

following the immanent logic of the German law. For this reason, the primary

purpose of this paper is to describe contents and characteristics of the relief

system for dismissal in Germany, and to suggest some implications in policy

meaningful for us.

In relation to the relief system for dismissal in Germany, this paper describes

the general consideration of the dismissal system of Germany focusing on the

contents of Civil Code, Protection Against Unfair Dismissal Act and Works

Constitution Act in the first place, and then analyses and introduces in detail the

contents and the characteristics of the relief system for dismissal.

The relief system in Germany might be represented by confirmation of

continuance of employment relations by Arbeitsgericht and the financial

compensation system. Though the object of restriction on dismissal is to ensure

the continuance of employment relations, in the case when further fruitful

cooperation cannot be expected, the settlement with monetary compensations may

rather be effective. The dismissal compensation system has been introduced into

the Labor Standards Act of Korea amended in 2006, and it may be convincing

considering the experience in Germany. It seems, however, necessary to prepare

more concrete provisions concerning criteria, procedures, levels and etc. of...