Earticle

초록

영어

Since the IMF foreign exchange crisis of 1998, the Korean labor market has witnessed a disturbing increase in wage polarization and relative inequality. One example in particular is the significant difference in wages between regular and irregular employees. Due to this wage gap, employees and labor organizations have been demanding a change in employment status from irregular to regular employment and abolition of discrimination for irregular employees. This has caused much social conflict, especially as these issues have taken on political, economic, and social ramifications. Currently, the “Discrimination Correction System for Irregular Employees” refers to a system designed to remedy discriminative treatment through the issuance of correction orders by the Labor Relations Commission. These correction orders are meant to address cases where employees engaged in fixed-term, part-time, or dispatched employment (hereinafter referred to as “irregular employees”) have received discriminatory treatment on the basis of their “irregular” employment status when compared to regular employees who are working the same or similar jobs. When the Discrimination Correction System for Irregular Employees was introduced, it was expected that discrimination between regular and irregular employees would decrease as remedy applications were made and the Labor Relations Commission issued correction orders. However, the number of remedy applications filed with the Labor Relations Commission reached a peak in 2008 (a year after introduction of the system) and has fallen to an average of 100 applications in each of the past three years. This decreasing trend does not mean that introduction of the Discrimination Correction System has resulted in a decrease in actual discrimination for irregular employees. As questions have been raised as to whether this system is actually resolving discrimination, it is necessary to review its effectiveness. This thesis paper consists of three parts: The first part (II) deals with the background of introducing the Discrimination Correction System for Irregular Employees; The second part (III) summarizes the procedures of the current Discrimination Correction System for Irregular Employees; and the third part reviews major legal points in terms of improving the effectiveness of the Discrimination Correction System. Even though I have reviewed this system to identify practical uses for the purpose of protecting irregular employees, it is challenging to resolve discrimination against irregular employees in reality. The current Discrimination Correction System resolves discriminatory treatment after its occurrence through individual applications by fixed-term, part-time, or dispatched employees and the correction orders issued by the Labor Relations Commission. The difficulty arises due to the potential disadvantages irregular employees receive from their employers once they apply for correction. This effectively discourages irregular employees from applying, and this after-treatment would be difficult to reduce the discriminations completely. Looking back on the operations of the Discrimination Correction System, it can be generally evaluated as unsatisfactory.

목차

Ⅰ.　問題の素材
 Ⅱ.　差別是正制度の導入過程及び運営現況
 Ⅲ. 労働委員会による差別是正手続
 Ⅳ.　差別是正の段階別の判断体系の法的争点の検討
 Ⅴ.　おわりに
 참고문헌
 Abstract

키워드

저자

• 李承吉 [ 이승길 | 亜洲大学校 法学専門大学院、教授 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363