비정규직차별시정제도 시행 이후 노동위원회 차별시정판정례 검토 ― 중노위 및 부산ㆍ경남지노위를 중심으로 ―

This study examines the adjudication cases for redressing undue discrimination that was adjudicated by NLRC and RLRCs of Pusan and Gyeongsangnam-do since 1, July, 2007. The examination proceed with steps that LRC uses for adjudication at redressing undue discrimination: ⅰ) determining the eligibility of the petitioner; ⅱ) selecting the group of regular workers who can be compared with the petitioner who is a non-regular worker; ⅲ) finding out the disadvantages in labor standards that the petitioner suffers; ⅳ) examining the disadvantages found out to determine whether there are reasonable causes for them. In studying this process, some questions arise. First, can LRC deny the eligibility of the petitioner on the ground that the period of the petitioner's fixed-term labor contract becomes meaningless by repetition of contract? Second, how to select the group of regular workers if there is no workers to compare with. Third, isn't it necessary for the law to provide conveniences to workers to prove the disadvantages? Finally, can the workers claim the redressing undue discrimination which is certainly expected? In this paper, these questions are discussed.