판례상 합의해지에 관한 화해

• 영문명: Settlement on the Termination by Agreement in Judicial cases
• 발행기관: 한국재산법학회
• 저자명: 김기우(Kim, ki-woo)
• 간행물 정보: 『재산법연구』財産法硏究 第27卷 第1號, 111~130쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Regarding the method of termination by agreement, we can see that settlement is heavily considered for termination by agreement itself or for liquidation of rights and obligations from existing contractual relationship which is the object of termination by agreement. Settlement used as method of liquidation is mainly done in termination by agreement conducted together with notice of dismissal. In Korea, unlike Germany or England, there have not been a lot of discussions on the settlement related to termination by agreement. However, early retirement incentive and monetary award remedy in section 30 (3) of Labor Standards Act etc. are understood to have the nature of such settlement. Nevertheless, it can be gathered from the Korean cases that they recognize the settlement's function of presuming voluntariness of agreement in termination by agreement. Therefore, termination by agreement entered into through settlement is deemed to reduce related disputes.

목차

Ⅰ. 대상판결(대판 2001. 1. 19, 2000다51919)의사실관계 및 법원의 판단

Ⅱ. 위 사안의 검토

Ⅲ. 결론 - 합의해지에서 화해의 고려

키워드

합의해지 화해 명예퇴직 청산 금전보상 진정성의 추정 기능 termination by agreement settlement early retirement liquidation monetary award function of presuming voluntariness of agreement