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Manual for Lawful Dismissal |
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This manual on dismissal explains what employers need to know about dismissals in advance, and also helps the employee avoid becoming a target for discipline by understanding a company's disciplinary rights, while at the same time having the right to take remedy action under the Labor Standards Act (LSA) if unfairly dismissed. It is intended to provide a guide to which both parties can refer.
The dismissal system is necessary for both workers and employers. From the perspective of the employer, company competitiveness can be maintained by disposing the necessary personnel in the right places and dismissing redundant or bad employees. On the other hand, unfair dismissals impact more than the worker dismissed, having a great influence on that worker’s family. For this reason, the LSA strictly regulates dismissal, and if the employer fails to follow the procedural requirements, the dismissal becomes illegal and null and void. The employer may dismiss an employee if there is a legitimate cause attributable to the employee, but the employer should take a careful approach because legitimate reasons do not reside primarily in employment rules or labor contracts but the criteria for legitimate dismissal under the LSA. Employees will also be able to better protect their own rights by understanding the possible responses to unfair treatment from an employer, while developing as talented individuals skilled in their own abilities through their work.
Therefore, this "Manual on Dismissal " is an essential guide for both employers and workers. It is my particular hope that foreign executives will use this to better understand the accepted system for dismissal in Korea, thereby maintaining stable labor relations. Finally, I would like to thank those who assisted in the process of completing this book. |
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Labor Cases Volume 62 - Unpaid Wages, Workplace Sexual Harassment and Bullying, Employee Representatives, Vacationa Sabings Account System, Calculating Severance Pay |
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Chapter 1. Recent Articles 최근 기고문
I. Labor Inspection over Unpaid Wages for Temporary Workers
지방의회의 일급직 사무보조자(위촉직)의 임금체불 사례
II. Workplace Sexual Harassment and Bullying: A Case Analysis - Supreme Court ruling on November 25, 2021, 2020da270503 -
직장내 성희롱과 괴롭힘에 관한 판례 해석– 대법원 2021. 11. 25. 선고 2020다270503 판결-
III. Criteria and Methods for Selection of Employee Representatives
근로자대표 선정대상과 선정방법
Chapter 2. Feature Articles: Recent Labor Issues
특집: 최근 주요 논쟁의 되는 노무 문제
I. Application of the Vacation Savings Account System under Current Law
현행법상 저축휴가제도의 활용사례
II. The Confusing Administrative Interpretation from the Ministry of Employment and Labor on Calculating Severance Pay
이상한 퇴직금 계산법을 안내하는 고용노동부의 행정해석
III. Promoting Employment of Foreign Migrant Workers - Foreign Domestic Workers in Singapore -
싱가포르 외국인 가사근로자제도와 시사점
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사례62영문_002e.pdf |
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커버 62호.jpg |
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54
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[Spring,2024] Labor Cases (Volume 65) : feature articles - Serious Accident Punishment-related Information |
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53
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[Winter,2023] Labor Cases Volume 64 - Foreign policy, Annual Paid Leave, Ordinary Wages, Workplace Harassment Cases, Flexible Working Hours |
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52
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[Autumn,2023] Labor Cases Volume 63 - The Serious Accidents Punishment Act, Collective Bargaining |
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[Summer,2023] Labor Cases Volume 62 - Unpaid Wages, Workplace Sexual Harassment and Bullying, Employee Representatives, Vacationa Sabings Account System, Calculating Severance Pay |
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50
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[Spring,2023] Labor Cases Volume 61 - Dismissal, Workplace Harassment, Fatal Accidents Act, Labor Inspception |
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49
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[Winter,2022] Labor Cases Volume 60 - Severance Pay, Workplace Harassment, Sexual Harassment, Foreign Workers, Visa System |
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48
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[Autumn,2022] Labor Cases Volume 59 - Dismissal, Workplace Harrasment, Severance Settlement, Workforce Restructuring |
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47
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[Summer,2022] Labor Cases Volume 58 - Noise-induced Hearing Loss Recognized as an Industrial Accident, the Vacation Savings Account System, A Workplace Harassment Case, Sexual Harassment at Work, etc. |
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46
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[Spring,2022] Labor Cases Volume 57 - The Fatal Accidents Act and Employer Obligations, etc. |
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45
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[Winter,2021] Labor Cases Volume 56 - Freedom of Speech and Responsibility, etc. |
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44
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[Autumn,2021] Labor Cases Volume 55 – Revisions of the Labor Laws in the Second Half of 2021 |
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43
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[Summer,2021] Labor Cases Volume 54 - Overwork recognized as Cause of Occupational Accident(Heart Attack) |
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42
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[Spring,2021] Labor Cases Volume 53 - The Relationship between the Fatal Accidents Act & the Occupational safety & Health Act |
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41
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[Winter,2020] Labor Cases Volume 52 - Items to be Considered When Writing an Employment Contract |
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40
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[Autumn,2020] Labor Cases Volumn 51 - Working Conditions for Minors |
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39
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[Summer,2020] Labor Cases Volumn 50-Work-from-Home Systems |
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38
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[Spring,2020] Labor Cases Volume 49 _ Corona Virus Infections and Shut-down Allowance |
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37
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[Winter,2019] Labor Cases Volume 48 - The Small Amount Insolvency Payment Claim System |
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36
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[Autumn,2019] Labor Cases Volume 47-Employment Insurance Act, Equal Employment Act revised |
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35
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[Summer,2019] Labor Cases volumn 46 _ Contractual Working Hours and the Inclusive Wage System |
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