Earticle

초록

영어

Proportionality review criteria and prohibition of arbitrariness principle, the main criteria for discrimination, are available in the adjudication on constitutionality of laws related with the violation of equal rights. These two standards are in great use in the area of the employment-related acts to judge the violation of the prohibited discrimination, especially have great meaning in deciding whether certain disadvantages in employment are the discrimination or not. These evaluation standards on discrimination which mainly have been discussed in US and German affected the formation of Korean standards, therefore evaluation standards of Korea have much similarity with those of US and German. Proportionality review criteria as the criterion for judging employment discrimination is applied in two cases : when the constitution prohibits the unequal treatment itself and when the unequal treatment brings violations of other basic rights. Detailed criteria include the rationality and the unavoidability of discrimination, the appropriateness of methods and procedures, and the balance of the private benefit with public benefit. On the other hand, prohibition of arbitrariness principle allows the enough discretion of the legislator. If the rationality of the discriminatory law or act is acknowledged, that law or act can be justified. Eventually, the main role of the criterion for judging employment discrimination is to measure the rational reasons. Discriminatory acts which have rational ground are not concerned as a discrimination. An Actual discriminations also is not regarded as a discrimination when it has the aims to solve the discriminatory situation and to ensure the equality.

목차

Ⅰ. 차별판단 심사기준 개관
 Ⅱ. 미국과 독일의 차별판단 심사기준
 Ⅲ. 국내 차별판단기관의 차별판단 심사기준
 Ⅳ. 결론
 참고문헌
 

키워드

저자

• 임공수 [ Lim, Gongsoo | 주택도시보증공사 연구개발처장, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363