미국법상 해고자유원칙에 관한 학설의 입장과 META를 통한 검토

• 영문명: A Study on Scrutinizing the Theories Regarding Employment at Will Rule through META in American Law System
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 피용호(Yong-Ho Phi)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(하), 1257~1289쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  In American law system, employment termination law is based on the employment at will rule which gives employers the unrestricted right to fire their employees who do not have definite-term employment contracts. Employers may fire employees for no reason at all, and they may fire employees for any reason that is not specifically prohibited by state or federal statute or by judicial interpretation of common law tort and contract principles. Epstein and other defenders of employment at will focus on the nature of employment as a market transaction between the employer and the employee, a trade of labor for wages. In their view, because permitting either party to terminate such an exchange relationship at will is the most economically efficient choice, the law should not restrict an employer"s right to fire an employee. Most opponents of the rule including Blades focus on the costs to wrongly-fired employees, whether those costs are economic, dignitary, or psychological, they think it’s unacceptably high. Opponents generally agree that employees should be given some form of property right in their jobs, such a property right would reduce unfair termination to the absolute minimum because employer must show good or just cause to take that job away. The absolutist form of the at will rule is no longer a serious possibility, on that account, defenders and opponents keep on disputing with each other about the soundness of the rule in order to maintain the rule or replace it with just cause protection. This study is a scrutiny of this polarized theoretical debate through Model Employment Termination Act.

목차

Ⅰ. 머리말
Ⅱ. 해고자유원칙에 관한 학설의 입장
Ⅲ. META를 통한 검토
Ⅳ. 맺음말
【참고문헌】
[Abstract]

키워드

해고자유원칙 정당해고원칙 모범해고법 해고권 부당해고 해고사유 Employment at will Rule Just Cause Protection Model Employment Termination Act Wrongful Discharge Reason of Discharge