종교계 대학교의 교원 임용과 종교적 사유에 의한 차별

Abstract

A few years ago the Korean National Commission of Human Rights recommended that some religious educational institutions abolish the religious qualification required of the prospective professors who will teach secular subjects. The discrimination because of religion is strictly prohibited in Constitutional Law and the National Human Rights Commission Act. However, the universities did not accept the recommendation on the ground of freedom of contract, religious freedom and the purpose of the establishment. Without the religious mission, they contend, it is meaningless to operate and manage the universities. In the United States, the Civil Rights Act of 1964 Title VII provides the prohibition of discrimination because of religion, but (1) the religious educational institution, (2) educational institution in whole or in substantial part owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society are exempted from the application of the clause to prohibit the discrimination because of religion. And when religion becomes (3) a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise and (4) if the curriculum of such school, college or university, educational institution or institution of learning is directed toward the propagation of a particular religion, it is not the violation of Title VII to require the employees or the prospective employees to meet religious qualification. The standards to decide whether the religious qualification for the employment of prospective professors by the religious university is the violation of Constitutional Law or not, are (1) the relation between the religious qualification and their business to perform in the university, and (2) the necessity to require the religious qualification. For the religious school directed toward the training of the clergy or the propagation of particular religion, it is not the violation of law to require the religious qualification of all the employees. It is necessary to codify the standard of discrimination because of religion and the specific cause for the exemption in the law.