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학술논문노동법논총2008.12 발행KCI 피인용 16

남녀 동일가치노동에 대한 동일임금원칙에 관한 연구

A Study on the Principle of Equal Pay for Work of Equal Value

김희성(강원대학교)

14권, 39~70쪽

초록

Currently the Korean Society is facing an urgent task to solve the problems of insecure employment and pay gaps between male workers and female workers for like or equal value work. The principle of equal pay for work of equal value to achieve pay equity is a core principle of the law of human rights for workers. In Korea, this principle is only stipulated in Act on the Gender Equality in the Employment. But, this Act has not clear provision on this principle yet. And Courts has been passive in appling this principle. To answer this question, this study examines the significant and applicable scope of this principle as follows : Above all,, this problem should be resolved by performing job evaluation based on objective and gender-neutral criteria and showing that the value of work is not ultimately affected by gender. In case of evaluating "work of equal value", it is considered positively necessary the skill, effort, responsibility, and working condition that are required for carrying the duties. And in case of evaluating "work of equal value", it is needed worker's participation. And especially female workers should participate to avoid the gender discriminational evaluation.

Abstract

Currently the Korean Society is facing an urgent task to solve the problems of insecure employment and pay gaps between male workers and female workers for like or equal value work. The principle of equal pay for work of equal value to achieve pay equity is a core principle of the law of human rights for workers. In Korea, this principle is only stipulated in Act on the Gender Equality in the Employment. But, this Act has not clear provision on this principle yet. And Courts has been passive in appling this principle. To answer this question, this study examines the significant and applicable scope of this principle as follows : Above all,, this problem should be resolved by performing job evaluation based on objective and gender-neutral criteria and showing that the value of work is not ultimately affected by gender. In case of evaluating "work of equal value", it is considered positively necessary the skill, effort, responsibility, and working condition that are required for carrying the duties. And in case of evaluating "work of equal value", it is needed worker's participation. And especially female workers should participate to avoid the gender discriminational evaluation.

발행기관:
한국비교노동법학회
분류:
노동법

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