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Results that compare the special medical examination of foreign law system with Korea law system, there is necessity to open informations concerning workers’health to an employer. However, there is no regulations that should be done opening to an employer. If an employer analyzes open to meaning that must protect workers’æhealth before the occurrence of accidents through the continuous interest and management, it seems to be necessary. However, as a matter of fact, the medical examination data is used to restructure an organization without workers’healthcare. Like this, the workers’disadvantage is expected to happen through the irrational direction or command of an employer. Therefore, the plan that can offer essential informations that need in healthcare should be readied to solve this problems that happen the workers’à disadvantage. If the results of medical examination of observed persons or persons with abnomal findings is appeared, the medical examination service must offer necessary data. And, at this time, the medical examination service should offer informations that are agreed and conferred by workers in the advance to an employer. Then, it seems to be able to protect the right to know and privacy. Among some opinions, if see in meaning that the high obligation than low should be enforced on the Occupational Safety and Health Act, it can claim that can sacrifice personal information protection for the health precaution. So, in the solutions, this can see that do not understand enough legal basis in case of the occasion that open to employer taking advantage of workers’è agreement as formal in the advance. Therefore, the workers’agreement sees that must be agreement by my pure expression that another person’ suggestions is excluded by the method that is the normal in formality. Simply thinking that it is reasonable to behave which the value is high, it brings the nonlegal binding force to do the prior agreement before the medical examination. Therefore, I see that must take advantage of workers’ agreement through the enough investigation after the medical examination results appears. Like this, passing the process seems to be the plan to solve the problems that happen by judging the obligation value through penal provisions in point of time that importance about personal information have characterized recently.

This study made five proposals for (1) the expansion of eligible applicants for employment insurance, (2) the improvement of employment benefit plans, (3) the improvement of parental leave benefit plans, (4) the improvement of maternity leave benefit plans, and (5) various employment promotion subsidy plans. First, the expansion of eligible applicants for employment insurance demands a broader eligibility for female workforce who accounts for a greater number of part-time workers - that is, those who work a total of less than 60 hours a month or a total of less than 15 hours a week. Second, the improvement of employment benefit plans concerns a radical reduction of the insured unit period (over 180 days) or a way of making differential payments although not included in the insured unit period. The job-seeker payment days are at current on differential payments according to age and insured period; however, the differential by age should be abolished. A uniform job-seeker payment based on insured period seems more reasonable for differential payments. Moreover, a reduced amount of payment is appropriate although income occurs as a result of labor work during the period of job-seeker payment. Third, the improvement of employment benefit plans demands a radical reduction of the insured unit period (over 180 days), and the payment should be contingent on the employer’ obligation for approval rather than on the request by the laborer himself. Fourth, the improvement of maternity leave benefit plans demands a radical reduction of the insured unit period (over 180 days), and the leave should be a mandatory act rather than a request by the person herself. The amount paid by the employment insurance should be expanded, while the amount paid by the user should necessarily be gradually reduced. More than others, since job restoration is the primary interest, relevant support measures for it must be strengthened. Lastly, various employment promotion subsidy plans indicate a considerable increase of payment amount for sustained employment subsidy during pregnancy and after childbirth, parental leave subsidy, substitute workforce subsidy.

Formally women and men in Korea have the same rights at all points of law. Although both men and women have the same opportunity to acquire pension entitlements, the fact remains, that women still continue to be at a disadvantage in the acquisition of such pension rights. Women typically do not participate in the workforce for as many years as men. Due to societal gender roles, more women leave the work force to care for young children or elderly relatives. Because the pension law does not consider the gender of recipients when calculating their benefits, a man and a woman with identical work histories receive the same benefits. Yet gender neutral treatment by pension Administration results in significantly lower benefits for women because during their working years, women working full time receive about 62.3% for every dollar(Won) men earn. Despite an increasing number of women in the workforce, in addition, they remain concentrated in low-paying or part-time jobs, resulting in less earnings and benefits. This is, in part, a result of taking time off to care for families, which may result in fewer qualifications and lead to lower paying jobs. The older the women, the greater the earning gap. This lower earning power also decreases pension benefits. The Korean pension system has been slow to adopt provisions that compensate for inherent inequalities in the labor market. Throughout its history, social security has functioned as a wagereplacement program that links benefits to paid labor. The distinction between wage and non-wage labor generally works to the disadvantage of women relative to men, and it has led some scholars to view the invisibility of unpaid housework as the fundamental problem with the current system. The most accepted provision to compensate women for their interrupted work careers and low wages is to reward them with credit for care-giving. A recognition of the importance of women’s work would more accurately reflect women’ valuable contributions to the economy. Once formally recognized, society is likely to value nonmarket housework activities similarly to market activities, thereby entitling women to pension benefits that are currently tied only to waged labor in the market. Compensation for their interruptions of work for the purpose of child rearing does lead to the creation of personal entitlements, well adapted to the present evolution of social attitudes. However, the most serious inequalities affect those women who, because of a specific type of activity or because they do not engage in a gainful employment, are in a situation which is not comparable to that of men. Reduction of these inequalities presupposes changes in labor legislation and in legislation affecting the family. Social security cannot eliminate existing inequality in the sphere of work but it can contribute to its attenuation. And social security can remove part of the problem by not reinforcing traditional sex roles and by favoring a more equitable sharing of responsibilities through family policy measures that are equally available to both sexes.

이 연구는 「남녀고용평등법」시행 20년의 법적용 현황을 고용상의 성차별 규제와 분쟁해결 및 구제제도를 중심으로 살펴본 후에 이 법의 실효성 제고를 위한 발전 방향을 제언하는 것을 목적으로 한다. 이를 위해 이 글은 다음과 같이 구성된다. 우선, 남녀고용평등법 상의 고용차별금지 규정의 발전과정과 법 적용현황을 차별개념 및 고용상의 성차별금지 규정을 중심으로 살펴본다. 둘째, 위법한 차별이 발생한 경우의 분쟁해결 및 구제제도의 발전과 운영현황을 자율적 고충처리제도, 비사법기관 및 사법기관을 중심으로 살펴본다. 마지막으로 이상의 연구결과를 토대로 남녀고용평등법의 실효성 제고를 위한 발전방향에 대해 제언한다. 「남녀고용평등법」은 차별개념에 간접차별을 포함시켜 차별금지의 방향을 개인의 구제뿐 아니라 성차별적 제도와 관행에 까지 미치게 하였고, 차별사유를 성별 외에 혼인, 가족 안에서의 지위, 임신 또는 출산까지 확대하였다. 적극적 고용개선조치를 차별로 보지 않는다고 규정함으로써 적극적 평등원칙을 반영하기도 하였다. 또한 성별, 혼인 또는 가족 안에서·의 지위, 임신 또는 출산을 이유로 하는 고용의 전 과정, 즉 모집·채용, 임금, 임금 외의 금품 등, 교육·배치 및 승진, 정년·퇴직 및 해고에 있어서 성차별을 금지하고, 고용상의 성차별금지 규정의 실효성을 확보하기 위해 사업주를 형사처벌하는 벌칙 규정과 함께 이 법과 관련한 분쟁해결에서의 입증책임을 사업주에게 부과하였다. 이와 같은 고용상 성차별 규제는 은행의 여행원 제도, 결혼퇴직제, 여성조기정년제, 남녀분리호봉 등과 같은 직접적인 차별을 완화시키는 데 기여한 바 크다. 그러나 새롭게 등장한 노동시장의 성차별적 기제인 성별 직무분리, 여성의 비정규화, 여성 집중직종의 외주화 등의 문제에는 무력하다는 한계를 노정하였다. 또한 법적 실효성을 높이기 위해 마련된 사업주에 대한 형사처벌 규정과 입증책임 전환규정은 효과적으로 작동하고 있다고 보기 어려웠다. 고용상 성차별 사건 등의 분쟁해결과 구제시스템 역시, 1차적 분쟁해결 제도인 사업장 내 자율적 고충처리제도인 명예고용평등감독관 제도는 입법 취지와는 무관하게 활성화되어 있다고 보기 어렵다. 비사법기관이나 사법기관의 분쟁해결 역시 사건 건수 등을 통해 볼 때 구제가 활성화되지 않는 것으로 판단된다. 그 이유는 다양할 수 있으나, 각 기관에 공통적으로 지적할 수 있는 것은 차별사건은 다른 노동사건과 다른 구조를 가지고 있음에도 불구하고 일반 노동사건과 같이 판단함으로서 피해자 구제가 제대로 이루어지고 있지 않다는 점이다. 이것은 각 기관의 운영주체가 차별문제에 대한 전문성이 부족하기 때문에 나타나는 현상이다. 이상을 통해 알 수 있는 것은 「남녀고용평등법」의 실효성 제고를 위한 방안마련이 필요하고, 이를 위해서는 입법적 미비점을 보완하는 것뿐 아니라 법이 실효성 있게 작동되기 위한 사회문화적 그리고 행정적 인프라 구축이 함께 이루어져야 한다.

This study aims to make recommendations for improvement in the enforcement of 『the Equal Employment Act, 1987』, reviewing its implementation over the last 20 years focused on prohibition of sex discrimination and its remedy. To do this, firstly, this paper reviews the changes of 『the Equal Employment Act, 1987』and its practices centered on provisions that prohibit sex discrimination and define what is discrimination in the workplace. Secondly, this explores dispute settlement system and remedy procedures with non-judicial or judicial agencies to assess the legal effectiveness when the discriminatory case is made. Lastly, based on the results discovered, it provides some suggestions for the Equal Employment Act to be more effective. Many changes have been made in legal and cultural spheres through 『the Equal Employment Act, 1987』. First of all, this Act states indirect discrimination by defining direct and indirect discrimination, which entails to articulation of discrimination and enables to add a variety of grounds as a protected basis in law. In other words, not only sex but also marital status, pregnancy, childbirth and family status etc are specified as a prohibited grounds of discrimination. This law also reflects the principle on equality in a more positive way, by declaring for affirmative/positive action. In addition, this Act clearly establishes prohibition of discrimination in hiring process such as recruitment, pay and benefits, training, promotion and transfer opportunities, and dismissal. Furthermore, to strongly enforce the law employers have the burden of proof in discrimination cases. Such regulations that prevent sex discrimination at work have lead to abolish unequal or unfair system such as “omen employee system in bank” “ismissal after marriage”and “arly enforced retirement for women” However, sex segregation, increase of irregular work for women and outsourcing of women-congregated job become greater in the labor market. Therefore, the existing legal system is not sufficient to promote equality in employment. For instance, “upervisor system for equal employment”that is to observe equal opportunities and to counsel being discriminated against sex on the problems did not work well. Non-judicial or judicial system were also not successful in considering cases dealt with. Thus, to be more effective, some recommendations and suggestions to cover shortcomings for the current law are needed. To achieve these, the socio-cultural and institutional infrastructure is also required.

The various insurance benefits on Industrial Accident compensation insurance Act has been calculated by the average wage based on wages. It is on the rise that standard of compensation needs to be reorganized. Because the calculation method of premiums has recently changed from wages to salary unreasonable compensation standards that government collects the premiums as total fee by the year and pay insurance benefit as average wage of three months exacerbate insurance finance and make trouble. therefore, I analyzed the merits and demerits about the calculation method of the average wage and studied introduction plan of new calculation method as average salary of one year if we change from wages to salary In conclusion, I think that three monthly average wages should fall into desuetude and average salary of one year should be imposed.