독일의 해고구제제도에 관한 소묘 = A Brief Survey on the Relief System for Dismissal in Germany

다국어 초록 (Multilingual 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 compensation to enhance predictability in the operation of the dismissal compensation system. In that case, it seems worth while to adopt the way fixing the concrete standards and maximum in the law like in Germany. In the case of dismissal for managerial reasons, it may be necessary to try to seek cash settlement system more actively like in the German law amended in 2004, because the cash settlement system may be beneficial for both of the labor and the management considering the characteristics of dismissal for managerial reasons. In addition, it may be necessary to consider legislatively the question whether to limit unemployment benefits when a cash settlement is paid and whether to limit the period of filing a suit comparing with the examples in Germany.