해고의 서면통지요건 관련 판례동향

배인연 노동법이론실무학회 2010 정기학술대회 Vol.2010 No.-

노동분쟁의 대체적 해결의 국제비교

배인연 동국대학교 비교법문화연구원 2011 比較法硏究 Vol.11 No.3

독일에서의 노동자 경영 참여제도(Works Constitution)

배인연 한국사회법학회 2015 社會法硏究 Vol.0 No.27

해고 서면통지요건의 법적 쟁점

배인연,강선희 노동법이론실무학회 2011 노동법포럼 Vol.- No.6

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.

사회민주주의(Social Democracy, 社會民主主義) 복지정책의 원리

배인연 한국사회법학회 2013 社會法硏究 Vol.0 No.20

It is obvious that people want their welfare to increase. However, there is still repulsion which excessive welfare benefit can cause some problems and criticism that it will be the factor which interfere economic growth in uncertain financial situation. In relation that, an argument is lasting about that which nom we should pursuit first between welfare and economic growth/ job creating, and our welfare policy doesn't maintain consistently and keeps changing. I think That's because there is no certain standard or principle in our welfare policy. Therefore, I will find out our country's implication for welfare system, through knowing the welfare of the democratic socialism party that advocates the democratic socialism in Germany and Sweden.

우리나라 집단노동법의 형성과정과 외국법의 영향

배인연 노동법이론실무학회 2015 노동법포럼 Vol.- No.16

Korea has steadily introduced labor policies in response to the labor movements the era of US military government came after the period of Japanese occupation. However, Japan didn’t have notable collective labor policies other than proposing of a draft of『 the Trade Union Act』 in 1925 and forcing mediation for the labor disputes on the public business by 『the Labor Disputes Mediation Act』 in 1926. Rather Japan has continued to suppress the workers' movements by governmental authority such as 『the Security Policy Act』 until GHQ’s governing. And Japan has enacted『 the Trade Union Act』,『 the Labor Mediation Act』 and『 the Constitution』 in 1945 and 1946 by the GHQ with the similar contents as the present. Their main contents are the constitutional guarantee of the basic labor rights『( Constitution』 Article 28), negative and positive requirements of the trade union『( the Trade Union Act』, Article 2), the principle of report in establishing trade union(Article 5 of the Act), the collective action immunity(Article 1 paragraph 2 of the Act) and civil immunity (Article 12 of the Act), incorporation of a trade union(Article 11 of the Act), the normative effect and general binding of a collective agreements, voluntarism for the mediation (Article 25 of the Act), and etc. And the GHQ has amended 『the Trade Labor Act』 in 1949 of which contains major amendments as follows; changing from duty of registering of a union establishment to free of a union establishment, strengthening independence of labor unions, restricting the intervention of the administrative authorities toward labor unions, introduction of the unfair labor practices, and etc. In Korea, Collective labor policies have been in progress since 1945; Suppression of industrial action by the mediation system, the requirements of a democratic trade union, trade union registration system, Limitation of industrial action by the definition of the labor dispute, limitation of the economic purpose of the union activities, the exclusive bargaining representative system, the exclusion of political movements of a union activity, unfair labor practices and etc. So in terms of its content and process, they have been carried out on their own regardless to Japan and they have been reflected in『 the collective labor act』 in Korea. Although the format of the constitutional labor rights in Korea is similar to the one in Japan, considering the process of the legislation or the nature of the constitutional labor rights which is basically the right of freedom,『 the Korean Constitution』 doesn’t seem to inherited『 the Japanese Constitution』 as it was and in my opinion, from the fact that Korea and Japan had stipulated the collective action in their『 Constitutions』, they have been affected by『 the French Constitution』. In the collective labor law, the mediation system, the obligation to the mediation, the definition of the labor dispute, and unfair labor practices were introduced from American labor legal system. The prohibition of political activities by trade unions seems to be Korea’s selfdeveloped system. The normative effect of the collective was intruduced to Korea from the German’s collective agreement order( 『Tarifvertragsordnung』) in 1918 via Japan, and the civil immunity for industrial action from the UK’s『 the labor dispute law』 『( Trade disputeact』) in 1945 via Japan’s『 the labor Union Law』 since such system did not yet exist in Korea and Japan. And Korea has introduced an exclusive bargaining system from America in the period of U.S Military government of which was not discussed in Japan at that time. Although the trade union registration system and the requirements of a trade union have been implemented by the U.S military government in our country, the trade union registration system seems to had been introduced from Japan to Korea since such system was existed in Japan’s the Trade Union ac...