고용차별분쟁처리제도의 문제와 정비과제

Abstract

This paper tries to make comprehensive and critical analysis on the changing history and the present situation of Korean various dispute resolution systems over employment discrimination. And it makes comparative study with dispute resolution systems of advanced countries to get some useful informations for improving problems of Korean systems. The major aim of this paper is to propose to reform tasks of Korean dispute resolution systems in order to settle employment discrimination disputes peacefully and to enhance the speciality, fairness, credibility, speed, effectiveness, economical efficiency, accessibility of the resolution system over employment discrimination dispute. The reform tasks which this paper presents are as follows;Firstly, the system which employee’s grievances over employment discrimination can be settled autonomously and amicably between employer and employee should be established in all work places. Secondly, A new administrative machinery to deal exclusively with employment discrimination dispute should be established in Labor Relation Board. This machinery should utilize ADR(Alternative Dispute Resolution) through conciliation, mediation, arbitration and if ADR fails, it can decides whether the petitioner is right and give relief oder to correct employment discrimination effectively. Thirdly, the Labor Court to deal exclusively with employment dispute should be established and a new Court to deal exclusively with employment discrimination dispute should be established in the Labor Court. Fourthly, Representatives of labor and business should be took participation in the dispute process with specialists representing the public.