대기발령의 법적성질과 정당성

다국어 초록 (Multilingual Abstract)

The discussion about order of placement on a waiting list all this while covered the facts which should be considered as discipline. This method has been opened the route of being able to dismiss the workers without the discipline process.
In this paper, the reasons of placement on a waiting list which are meant to be seen as the reasons of discipline, has been classified into the discipline. The representatives are insufficiency ability of carrying out the duty, the work performance or placement on a waiting list. As those reasons are about valuation on previous actions of workers, it should be seen as discipline.
Order of placement on a waiting list can be classified into two sorts on large-scale. One of them is its original intention and the other one is the order of placement on a waiting list in the capacity of discipline.
According to Clause 1, Art, 23 of the Labor standard act, order of placement on a waiting list has to imply justifiable reason as it deals with the disadvantage of the labor.
In the judgment on whether order of placement on a waiting list implied justifiable reason or not, the standard of judgement can be varied depend on two types which are mentioned above.
The natural retirement(natural end of relationship with the labor) after order of placement on a waiting list is substantially a dismissal. Thus, this case must have a justifiable reason. the standard of judgment on justifiability of this case can be varied by the individual reasons of order of placement on a waiting list in the capacity of discipline and the natural retirement after order of placement on a waiting list has to be broken off in oeder to grasp. Due to discipline is a conclusive punishment.

참고문헌 (Reference)

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2 "해고와 임금"

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4 "서울행정법원 2001.6.29., 2001구5278 판결"

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6 "대판 2002.5.28., 2001두10455 등"

7 "대판 2002.12.26. 2000두8011"

8 "대판 1999.9.3., 98두18848 등"

9 "대판 1999.8.20., 99두1984"

10 "대판 1998.4.24., 97다58750"

11 "대판 1996.10.26, 95누15926"

12 "대판 1995.3.10. 94누11880"

13 "대판 1995.12.5. 94다43351"

14 "대판 1993.11.9., 93다37951"

15 "대판 1993.11.23. 선고 92다34933 판결"

16 "대판 1992.7.28., 91다30729"

17 "대판 1989.7.25. 88다카25595"

18 김철영, "대기발령의 정당성의 한계" 중앙노동위원회 (10) : 2002

19 김진술, "대기발령과 당연면직의 효력" (143) :

20 박홍규, "노동법 1" 삼영사 2005

21 김형배, "노동법" 박영사 2007

22 임종률, "노동법" 박영사 2007