비정규직 차별시정제도를 둘러싼 주요 쟁점과 과제

Abstract

The system of redressing discrimination against non-regular workershas been around for more than six years since it came into force on July1st, 2007. At the time of its introduction, it was expected to greatly reducediscrimination between regular and non-regular workers and to result innumerous requests being filed with Labor Relations Commissions to seekredress for such discrimination. However, contrary to expectations, the number of cases filed withLabor Relations Commissions under the system continued to fall afterreaching a peak in 2008, and has stayed at around 100 over the pastfew years. The figure is nearly insignificant compared with the currentnumber of non-regular workers. Moreover, the wage gap between regular and non-regular workers hasnot narrowed and is no smaller than it was just before the system wasimplemented. This means that it is difficult to say that the introductionof the system has led to the fall in the number of cases filed. To make matters worse, of such a small number of cases brought toLabor Relations Commissions, not a few have been dismissed or rejectedon various grounds, such as the complainant's failure to meet therequired qualifications, the absence of any comparable worker and theexistence of reasonable causes for unfavorable treatment. Therefore, given the aim of the system, which is to eliminatediscrimination against non-regular workers, active measures shouldbe taken to enhance its effectiveness. Examples of those measuresmay include expanding the scope of both qualified complainants andcomparable workers and modifying the period within which a requestfor redress should be submitted as well as the list of reasonable causesfor discriminatory treatment.