인사평가와 사법심사 Ⅱ

Abstract

The results of the personnel evaluation are used in various ways, mainly as a basis for deciding whether to pay or get a promotion. Also, in the terms of personnel management, personnel evaluation is applied to transfer and career ability development. Furthermore, it is also used as a criterion related to termination of employment and various layoffs.BR In principle, personnel evaluation is within the authority of the employer who has considerable discretion in the scope of work. However, if the exercise of the authority violates the Constitutional law, Labor Standards Act and labor relations acts, it is subject to judicial review.BR First, I reviewed at what cases personnel evaluation could be subject to judicial review. Then, the results of personnel assessments among the types subject to judicial review were limited to cases where the results were found to be ‘dismissals’ as provided under Labor Standards Act Article 23 (1) and Article 24. Next, the results of the personnel evaluation were analyzed to derive the objectivity and fairness of the personnel evaluation. The results of the personnel evaluation have been reviewed in 4 different ways, with the results serving as the basis for the termination of employment. there are ① Personnel evaluation as a basis for dismissal of full-time workers, ② Personnel evaluation as reasonable reason for refusal to renew for part-time workers, ③ Personnel evaluation as a reasonable reason for refusal to hire an intern workers, ④ Personnel evaluation as criteria for selection of employees subject to the redundancy dismissal in the dismissal on account of management practices.