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독일의 해고구제제도에 관한 소묘 : A Brief Survey on the Relief System for Dismissal in Germany
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- Authors
- Issue Date
- 2007
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.48 No.3, pp. 101-134
- Keywords
- 해고구제제도 ; 해고보호법/사업장위원회법 ; 퇴직합의금제도 ; 한국에서의 금전배상제도 ; relief system for dismissal ; Protection Against Unfair Dismissal Act / Works Constitution Act ; settlement with monetary compensations ; dismissal compensation system in Korea
- 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...
- ISSN
- 1598-222X
- Language
- Korean
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