비정규근로의 ‘사회적 신분’ 해당성 여부 - 동일노동 동일임금원칙 적용과 관련하여 -

Abstract

The recent, so-called, unemployment problems of permanent position on account of employment crisis made irregular labour in quantity, and furthermore, it is on the increase that spontaneous irregular labour of the elderly person, who has an intention of maintenance of livelihood. But it is that the wage differentials between regular labour and irregular labour according to the recent statistics, in spite of the increase of irregular labour, don't decrease. The wage differential in case of the worker by the hour all the more is deepening as years go by. It come to the fore hereto the necessity for application of ‘Equal pay for equal work’ between regular labour and irregular labour in that this tendency won't be anticipate to improve within short time. It is creation basis of the case that include irregular labour in social status and apply ‘Equal pay for equal work’, for all the imperfection of legislation. Above all, it is inspiring that ‘Equal pay for equal work’ by the case would be applied between regular labour and irregular labour, even though the case naturally can be change in Supreme Court. It appraises validity of the case and seek the legislative alternative in order to apply for ‘Equal pay for equal work’ between regular labour and irregular labour through this writing.