해고 서면통지요건의 법적 쟁점

초록

Dismissal is a type of termination of employment contract and is preceeded without any guidelines of termination procedures under the employers' one-sided expression against the workers' intention. Items related to the issues of this type of termination of employment contract,dismissal, in the Labor Standards Act was reformed in 26 Jan. 2007 and was enacted in 1 July of the same year. It stipulates that the termination of employment contract should be annouced with written notification and such oral, phone, and mobil text notification are not considered as the legitimate way of employment termination notification. Art. 27 (Written Notification of Reasons for Dismissal) of Labor Standards Act : “If an employer intends to dismiss a worker, the employer shall notify the worker of reasons for dismissal and the date of such dismissal in writing(§27 ①)”, “The dismissal of a worker shall take effect only after the written notification is given to the worker pursuant to paragraph ①(§24 ②).”The termination of employment contract notified with written reaons for dismissal helps to solve the disputes between employees and employers around the issues of dismissal. Furthermore, this system was introduced to protect the rights of employees to prevent the dismissal decision an employer made impulsively. It functions to prove the reasons for the dismissal and helps employers to reconsider the decision of dismissal. This article investigated the legal issues of the use of written dismissal notification system which was introduced under the expected effect. Also, this study investigated whether this system is properly adopted and also brings about expected effect. Lastly this study suggests two alternatives to amend the current provision of the Act for the legal and political improvements. The first suggestion is that employers should provide employees with written notification if he wants to terminate employment contract with the workers regardless of the specific grounds of termination. For this,it is required to revise the existing provision of the act which forces employers to send the written notification to workers concerned only if the termination is caused by dismissal. In addition, the provision should be amended to the direction that it does not affect the legal validity of termination of employment contract in spite of not providing the written notification, but employers must pay fine if they do not. The second suggestion is that the written notification of dismissal should be the legal validity requirements, but the meaning and the contents of the dismissal should be stipulated in detail with the contents of meaning of written notification, methods, and the reason for the dismissal.

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