구조적 성차별과 차별심사기준의 한계 - 구조적 여성 차별이 초래한 남성 차별 관련 국가인권위원회 결정을 중심으로 -

Abstract

Discrimination, in essence, refers to the unjust treatment of two groups that are essentially identical, or the equal treatment of two groups that are essentially different without any reasonable reason. If the comparison group consists of individuals who are part of a minority or disadvantaged group that is typically susceptible to discrimination, it is more probable that they will be determined to have experienced discrimination in the particular instance. However, there are instances where the person seeking assistance in a certain situation is part of a group that is not considered a minority or disadvantaged group. For instance, suppose there are two groups, A (minority) and B, that are virtually identical. If the culprit engages in discriminatory speech against Group A in order to treat Group B unfairly. Conventional criteria for discrimination judgments can be useful in addressing individual occurrences of discrimination, but they may not accurately represent the broader societal context of the situation. Consequently, they can reinforce the discriminator's erroneous perceptions. This study seeks to expose the shortcomings of current human rights violation standards, particularly in relation to discrimination. These standards are insufficient in addressing the issue of structural gender discrimination and can only offer limited assistance to individuals in isolated cases. The study argues that human rights violation and criteria for making judgements on discrimination should adopt a perspective from gender jurisprudence to effectively tackle the root of the problem and contribute to its ultimate resolution. By doing this, the intention is to offer an impartial viewpoint on the current and anticipated feminist backlash that is predicted to persist in the future. Moreover, this study is significant as it demonstrates that gender equality extends beyond women and encompasses all individuals, as evidenced by specific instances of human rights infringements. This study aims to analyze instances where men faced discrimination due to structural discrimination or biased perceptions against women in decisions made by the National Human Rights Commission. It also examines the limitations of the criteria for making judgements on discrimination as a legal solution and explores alternative approaches, while proposing tasks and alternatives for a unified reasoning that aligns with the nature of the situation and provides relief for the victims.