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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 61 - Dismissal, Workplace Harassment, Fatal Accidents Act, Labor Inspception |
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Chapter 1. 2023 Korean Labor Law Changes 2023년 주요 노동법 개정사항 … 01
Chapter 2. Recent Articles 최근 기고글
Ⅰ. Dismissal of the Finance Director of a Foreign-invested Company
외투기업 재무이사의 해고 ……………………………………………………… 03
Ⅱ. A Case of Workplace Harassmnet and the Criteria for Recognizing Consequent Mental Illness as an Occupational Accident
직장내 괴롭힘 사건 사례와 산재인정 요건 ………………………………… 08
Ⅲ. Workplace Harassment Resolved through Recognition of an Accident as Related to Work
직장내 괴롭힘 원인제거를 통한 해결 사례 ………………………………… 15
IV. The Relationship between the Fatal Accidents Act and the Occupational Safety and Health Act
중대재해처벌법과 산업안전보건법과의 관계 ………………………………… 20
V. The Fatal Accidents Act and Employer Obligations
중대재해 처벌법과 사업주의 대응방안 ……………………………………… 26
Chapter3. Feature Articles: Preparation for Labor Inspcetion
특집: 근로감독 준비
I. Korean Labor Case : Labor Inspcetion and Company Follow-up Measures
노동사례 : 근로감독과 사업주의 조치내용 ……………………………… 34
II. Self-Assessment Checklist for Labor Inspcetions
근로감독 자가진단 체크리스트 …………………………………………… 40
● Information of Korean labor law App Update:
Within 30 minutes, you can check your company's preparedness for labor auditing by using this checklist.
● 근로감독 자가진단 앱 개발 완료
15개 분야 – 135개 질문을 통해 회사의 근로감독 준비 상태 자가 진단 제공
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2023091882359_486.pdf |
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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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51
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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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[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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