장애인 의무고용과 고용차별금지 ― 법적 관계 및 제도개선과제 ―

Issues of employment for people with disabilities are gaining in importance. In Korea the major employment policy for disabled persons has been mandatory employment system. The mandatory employment system is regulated by the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons. The Act obliges employers with more than 50 employees to hire at least 2% of their workers with disabled persons. The Korean disability policy is changing. The Anti-discrimination and Remedies for Disabled Persons Act is enacted in 2007. This Act specifies types of actions that may constitute discrimination. This Act prohibits especially treating disabled persons less favorably than others because of their disability, imposing a requirement or condition on a job, facility or service which makes it harder for disabled people to gain access to it, and refusing to make reasonable accommodation for disabled persons if it will impose an undue hardship. The aim of this article is to compare mandatory employment and anti-discrimination systems concerning the employment of disabled persons in foreign countries and Korea, to explain the legal relations between the two systems, and to suggest issues that seem to be reformed hereafter in each system. It should be particularly emphasized that mandatory employment system and anti-discrimination system do not necessarily contradict each other.