비정규직 임금차별에 대한 법적小考

Abstract

There is a conflict regarding the fair treatment of the full-time and temporary workers to be recognized by the law or as the general legal principles. The involvement of laws in the opinion of a party between the individual relationships would be the case with very unfair power relationships or unavailable adjustment between the company and labor. However, despite of such aspects, the necessity of the involvement of laws by the no discrimination law may be partially affected by the connection of the labor market for the temporary workers. Especially, there is a space for the involvement of general terms of the law to be recognized without waiting for the legislation for the regularized temporary workers (labor type is same with full time workers in external, and actually in an equivalent working position practically). Even if the involvement is recognized by the general terms or legislation, the details on the prohibition of discrimination may differ from the political causes such as the employment type and causes in the aspect of human rights such as gender/belief and others (both-sided prohibition or single-sided prohibition, whether determination standard for discrimination prohibition omission is strict or easy). Moreover, it is difficult to determine the discrimination presence of the temporary workers whether the employment type has an influence on the work or not, employment status has a difference or not even in the aspect of the difference in the effect on the works. As a result of the comparison determination of the full-time workers, the regulation on the discrimination prohibition by the employment type has an effect on the changes in discrimination between the temporary workers of full-time worker conditions and full-time workers, however, actually, it may accelerate the review the discriminated treatment of the temporary workers.