비정규근로자 차별금지에 관한 영국에서의 판례법리

Abstract

This paper introduces the legal framework of equal treatment between regular employees and irregular employees in the United Kingdom, and suggests some implications to the operation of counterpart in Korea. In 2006 the Act concerning the Protection of Fixed-term Employees and Part-time Employees was enacted in Korea. The main purpose of this Act is to give opportunities to the irregular employees such as fixed-term, part-time and agency employees equal treatment with regular employees in terms of terms and conditions of employment. As the Act was a result of hasty compromise between tripartite parties, there remains many issues to be solved. In the UK, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations was enacted in June 8 2000, and the Fixed-term Employees(Prevention of Less Favourable Treatment) Regulations was enacted in July 30 2002. The cases decided by the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, House of Lords under those laws can give useful implications to the interpretations of Korean law. For this purpose, this paper summarizes the framework of the Regulations of the UK and analyzes the doctrines of case law under those Regulations. As a result, some implications from the experiences of the UK can be inferred and they might be useful to make possible amendment in the future and to interpretate Korean Irregular Employee Protection Act.