학습근로자 차별시정 관련 법적 쟁점 검토

Abstract

A system to correct unreasonable discrimination against learning workers is being implemented based on the Work-Learning Dual System Act. Employers of companies that implement the work-learning dual system should not discriminate against learning workers without reasonable reasons compared to other workers in the same or similar work as learning workers. Learning workers who are discriminated against by their employers may apply to the Labor Relations Commission for correction of discrimination. The contents stipulated in the fixed-term employees law are applied to the application for correction of discrimination and the procedure filed by learning workers. However, the discrimination correction system for learning workers differs from the existing discrimination correction system for non-regular workers, especially in the reasons for the treatment of discrimination, applicants and respondents, and comparable workers. In a situation where there is no research on the newly implemented discrimination correction system for learning workers, this article aims to review various issues that may be raised in relation to the correction of discrimination against learning workers. The important contents of the review are as follows. When determining whether or not the applicant is eligible, it is sufficient to confirm whether the applicant is a learning worker, and there is no need to examine whether it is a worker under the Labor Standards Act. Regular workers should also be interpreted as being eligible to apply for discrimination correction if they are learning workers. It should be considered that all the prohibitions on discriminatory treatment under the fixed-term system can be applied to the case of discrimination correction by learning workers. A person who is compared with a learning worker means a worker who is not a learning worker and is engaged in the same or similar work as a learning worker. When considering the nature of work-learning dual system, it is correct to judge the similarity of work including not only the work performed by a learning worker, but also the work subject to training. It is difficult to say that it is discriminatory treatment for employers to fail to fulfill their obligation to continue hiring learning workers. When determining whether there are any disadvantages in the wages of learning workers, the method of comparing by wage category will be mainly used. In this case, wages and non-wages, and ordinary wages and wages that do not belong thereto should not be mixed in one category. When determining whether there is a reasonable reason for unfavorable treatment of learning workers, it is necessary to actively consider the status and duties of learning workers that are distinct from fixed-term workers. In particular, if the reason for the unfavorable treatment is evaluated as participation in training, it should be considered that there is no reasonable reason.