남녀 동일가치노동의 판단기준

Abstract

This article analyses the first Korean Supreme Court’s decision(date 2003. 3. 14. case no. 2002do3883) regarding the principle of equal pay for equal value of work between men and women. Equal Employment Act(EEA) provides that “An employer shall pay the equal wage for the work of equal value in the same business”(art. 8 para.1). This decision is a historic one because it dealt with the principle of equal pay for equal value of work for the first time since the Act had introduced. This decision suggested the meaning of equal value of work and the determination standards for equal work. The Court noted that the standards for equal value of work consist of skill, effort, responsibility, working condition, and seniority which presumably reflects unique pay system in Korea. In this regard, this decision can be highly appreciated. However it has some problems. For example, it confused ‘equal work’ with ‘equal value of work’