노동법상 사용자의 채용 자유와 제한 - 채용절차법을 중심으로 -

Abstract

Freedom of employment of the employer based on the management rights constitutional law of limitation was small. Changes in the recruitment market, was to allow employer to lead the recruitment market along with the freedom of employment. employer wants a variety of specifications and certification documents. In addition, the portfolio in order to appeal yourself to job seekers, self-introduction are also requested. Therefore burden of job seekers by the recruitment market has increased, social waste has also increased. The government protects the job seeker's rights in the recruitment market, was enacted the “recruitment procedural law” for fair recruitment procedures. However, “recruitment procedure law” has not yet been activated. this is because there is insufficient recognition of the company to “recruitment procedural law”. job seekers, subject to financial and time loss for the request and the non-return of the recruitment of the document in the recruitment process. in addition, job seekers damaged because of false recruitment advertising, or the situation that is stealing their work occurs, it has become a social problem. Therefore there is a need for full enforcement and fast activation of “recruitment procedural law”. This requires the cooperation of companies, the aggressive response of job seekers. In this paper, we consider the freedom of employment of the employer. also, take look at the main contents and the current situation. in addition explain the enacted background and purpose of the “recruitment procedural law”. and it is a core part of the a“recruitment procedural law” (ⅰ) As relevant statute of recruitment advertising , “prohibition of false recruitment advertisings, etc.”, “to prohibit the change of the contents of the recruitment advertising”, the “attribution extortion prohibition of recruitment documents.” take a look. (Ⅱ) As relevant statute of return the recruitment documents “refund claims of seekers,” “return obligation of employer,” “Delete and storage of documents”, “duty of care for the return” take a look.