Requisites and Restrictions of Business Dismissal Trends in Recent Decisions

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Lee, Heung-jae
Issue Date
BK 21 law
Journal of Korean Law, Vol.2 No.2, pp. 1-34
In recent years, management dismissals have become a social problem because of strong enforcement of competition principles, acceleration of enterprise structural reforms and execution of mass dismissals in so-called globalization era. When one considers the social character of management dismissal, it is clear that the laws that regulate management dismissals exert an enormous influence on job securities for employees as well as improvement of enterprise management.

The object of this article is to examine the trends as revealed in recent judicial decisions, finding logic in them and laying foundations for just application of the laws. The author argues that after the amendments

of the statutes, the Court at once seized four requisites for effective management dismissal, in essence clinging to old precedents which require “the dismissal to be admitted as completely and objectively

reasonable and socially rational when considered as a whole”. He further underscores that a dismissal lacking even one requisite is to be considered illegal dismissal that is deficient in “objective

reasonableness and social rationality”. Lastly, the author argues that the meaning of the prior conference with labor representative should be interpreted not as “a simple process of collecting opinions”just like the Courts do, but as “laborers’ understanding or comprehension”through sincere exchange of opinions.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 02 Number 1/2 (2002)
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