협동조합장 성별대표성 제고를 위한 적극적 평등실현조치의 헌법적 정당화 가능성에 관한 소고

Abstract

This study discusses the constitutional significance of “gender representation” in the cooperatives at this time ahead of the 3rd National Election of Heads of the Cooperatives and examines whether the introduction of affirmative action to enhance “gender representation” can be justified at the constitutional level. To this end, a constitutional review is conducted centering on the two axes. One axis is a review of the significance of gender representation under the constitution. This is a review of whether gender representation can be regarded as included in constitutional equality, especially gender equality, and the constitutional legitimacy of affirmative action as a measure to enhance such gender representation. The other axis is a review of whether gender representation is constitutionally requested for cooperatives and whether affirmative action can be applied to the election of union leaders. This includes a review of the constitutional status of the cooperative, whether gender representation of the head of the cooperative is constitutionally requested due to this status, and whether the introduction of affirmative action in the election of the head is constitutionally justified. In the last chapter of the study, based on the above argument, affirmative action is presented to enhance gender representation of the head of the cooperative. Specifically, the current laws related to cooperatives need to be revised to ensure gender representation through the implementation of gender representation and the selection of agricultural managers and executives of the cooperatives who are likely to be elected as the head of the cooperative. In particular, in this case, it is also suggested that affirmative action should be at least proportional to the proportion of members or implementing gender equality.