여성고용에 있어서 간접차별의 개념과 판단기준

Abstract

In Korea, indirect discrimination is regulated through ‘the Equal Employment Act’ and ‘Gender Discrimination Prevention and Relief Act’. Even with these regulations indirect discrimination is institutionalized, but its effectiveness is doubtful. So far, there are no cases with regard to indirect discrimination, and we don't have a concrete guideline for indirect discrimination, so in fact the legal standard can't be applied to indirect discrimination cases. The court also does not establish detailed the initial standards and has taken a passive attitude about indirect discrimination issues. United States and several European countries have developed the principle of indirect discrimination through Judicial precedent. Through specific cases, the concept, the type and initial standards of indirect discrimination have been materialized. Since these cases have been accumulated for a long time, it will be valuable to make a comparative study of these cases. Basically, the indirect discrimination presupposes an understanding of equality. The issue of equality continuously must be worried and be formed. When facing Specific issues, there are no universal standards about what is really about equality or inequality, so we are bound to continue to find the answer individually and specifically. This article aims to embody legal standards of indirect discrimination and propose legal solution through the study of the legislation and Judicial precedent in the United States and Europe.