‘표준양식’의 사용촉진을 통한 공정채용 실효성 확보 방안

Abstract

Hiring is a series of legal acts to easily achieve the purpose of profit or establishment of a company through a job offerer’s selection of the best talent among job applicants, so it is bound to be a very wide and important area in employment. However, the employment sector is also an area where the employer's freedom of hiring has been relatively widely recognized, unlike the labor law system which is traditionally designed to protect workers' rights and regulate employers' responsibilities with a focus on other labor relations. In other words, despite the importance of the hiring process, it was difficult to see the job offerer as an object of legal discipline unless through the lens of discrimination under the Anti-Discrimination Act or abuse of the right to freedom of employment. However, as ‘fair hiring’ has recently become an issue nationwide in Korea, the need for restrictions on ‘freedom of hiring’ has been continuously emphasized in the political and legal areas, and the ‘Fair Hiring Procedure Act’ is establishing its status as a de facto labor law. On the other hand, due to limitations in the purpose of the ‘Fair Hiring Procedure Act’, the need for law-related amendments is being emphasized. While it is important to seek countermeasures for related revisions to the law, if it is possible to improve legal effectiveness without legal revision, it will be important to first review measures to ensure implementation and effectiveness within the current legal system. A representative example is the preparation and recommendation of the ‘standard form’. Accordingly, Article 5 of the ‘Fair Hiring Procedure Act’ allows the Minister of Employment and Labor to determine “standard forms of basic examination materials and recommend job offerers to use them.” The minister may prepare a standard application form and recommend its use. Therefore, based on the current standard form, it will be possible to improve legal effectiveness by reflecting the information to be included in form, compatibility with other laws and regulations, and other improvements. This study reviews the “standard forms of basic examination materials” currently recommended by the Ministry of Employment and Labor to uncover matters that need to be additionally considered in the standard form. In addition, plans to ensure the legal performance and effectiveness of the fair hiring system are reviewed based on the relationship and consistency with other laws and regulations.