인사평가의 정당성

초록

‘Korea Labor Standard Act’ provides as follow: an employer shall not, without justifiable cause, dismiss, lay off, suspend, or transfer a worker, reduce his/her wages, or take other punitive measures against him/her. Commonly speaking, there are 3 types of dismissal as to each cause: general dismissal, penalty dismissal, and redundancy. Among them, the fairness of performance appraisal has a close relationship with general dismissal. The general dismissal could be defined as a termination of employment contract by the reason of breach of employment contract. Therefore, the breach of contract is the justifiable cause in general contract. According to the Supreme Court Decisions, bad performance review could be a justifiable cause of dismissal, but the Court has not presented a clear and fair criteria for performance appraisal. This paper is one of the models which show the fairness of performance appraisal. The fairness this paper suggests is composed of 4 elements as follows: ① reasonableness of criteria composition, ② fairness of applying the criteria, ③ validity of result, ④ procedural fairness.

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