지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
There are two types of (Management-Labour) Pacts for employment, which are to preserve the security of workers’ employment. One type is to prohibit redundancy(dismissal for managerial reasons), and the other is to dismiss after consent of trade union.
Prior to recent holdings, the Supreme Court has been negative to admit the effects of Pacts for employment. Yet with recent holdings - 2011du20406 and 2010da38007 -, the Court seems to change the direction toward affirmative. In 2011du20406 holding, “if labour and management conclude collective agreement of limiting the redundancy, that agreement cannot be seen as trespassing mandatory norm or social order, except special circumstances. Futhermore as rules prescribing working condition and other treatments, the dismissal against that agreement in principle cannot be seen as just dismissal.
Confirming that Management-Labour Pacts for employment are rules prescribing working condition, ets., means issues about that Pacts are mandatory subjects for collective bargaining. And so it seems to be contradictory with the stubborn holding of the Supreme Court, managerial decision including dismissal for managerial reasons is to be excluded from mandatory subjects for collective bargaining.
Prior to recent holdings, the Supreme Court has been negative to admit the effects of Pacts for employment. Yet with recent holdings - 2011du20406 and 2010da38007 -, the Court seems to change the direction toward affirmative. In 2011du20406 holding, “if labour and management conclude collective agreement of limiting the redundancy, that agreement cannot be seen as trespassing mandatory norm or social order, except special circumstances. Futhermore as rules prescribing working condition and other treatments, the dismissal against that agreement in principle cannot be seen as just dismissal.
Confirming that Management-Labour Pacts for employment are rules prescribing working condition, ets., means issues about that Pacts are mandatory subjects for collective bargaining. And so it seems to be contradictory with the stubborn holding of the Supreme Court, managerial decision including dismissal for managerial reasons is to be excluded from mandatory subjects for collective bargaining.
목차
Ⅰ. 서론
Ⅱ. 대법원의 2011두20406 판결의 사실관계와 내용
Ⅲ. 2011두20406 판결의 의의
Ⅳ. 정리해고동의조항과 동의권의 남용
Ⅴ. 일본과 미국의 논의에 비춰본 경영사항 관련 판결의 한계
Ⅵ. 결론
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