고용형태를 이유로 하는 차별금지제도의 현황과 과제

Abstract

It has been ten years since the system prohibiting employment discrimination was implemented, in the meantime most part of the issues have been settled by several judicial decisions had introduced. For instance, issues with respect to an issue on qualification of applicant· defendant, criteria on discriminatory treatment, and a validity of application on redressing of discriminatory treatment have been settled through academic theories and judicial decisions. However, issues are still remained and also new issues have been on the table. This paper reviewed issues in relation to selection of a worker compared to the target, issues on judging reasonable factors and issues on a system prohibiting employment discrimination against dispatched workers. As a result, in relation to selection of a worker compared to the target, tempered evaluation should applied so that this issue could be go over to the next level. With regard to the reasonable factors, it has been expressed that should be assessed by the principle of proportionality which is the tempered evaluation. Lastly, discrimination against dispatched workers should be considered through legislative policy and dispatched worker agency as well as end-user company should jointly take responsibility. In order to revive the purpose of the system prohibiting employment discrimination and to protect irregular workers practically, flexible interpretation as well as system operation is necessary.