직위해제의 노동법상 쟁점과 해석

Abstract

This article aims to review legal Issues connected with Dispute of the Administrative Leave of Labor Standards Act in Korea. It is mainly composed of four Parts in a View of Contents. The first Part(ChapterⅡ) is to confirm the Conception and legal Character of the Administrative Leave which is used in practical of personnel Management and Dispute Cases of it in recent years. The Administrative Leaves are especially divided Employee's personnel Performances or punitive Measures according to legal Character. The second Part(ChapterⅢ) is to treat Contents and legal Relations of the Administrative Leaves. Especially, it is Overview for Wages of the Working Conditions which Workers are in the Administrative Leave. The third Part(ChapterⅣ) is to treat the Justification of the Administrative Leave in Employment Relations and Disputes. Labor Laws demand justifiable Reasons of the Administrative Leave for Workers which are with it. The last Part(ChapterⅤ) is to review Rightfulness or Restriction on Dismissal. When a Labor Contracts come to an End after the Administrative Leave according to Provisions of Rules Employment etc, it demands justifiable Reasons for Dismissal.