명예고용평등감독관 관련 제도의 법적 검토

Recently, policy on Employment Equality shifts its paradigm from regulation ㆍduties to autonomyㆍincentives. Labor groups and others pay attention into Honorary Equal Employment Inspector system(hereinafter referred to as “Honorary Inspector”) and bring up lots of necessities to invigorate the system. Honorary Inspector system, which has 10-year history in the current year, had been introduced when Act on equal employment and support for work-family reconciliation was amended on August, 2001, as its 4th amendment. The system is based on Article 24 of Chapter Ⅳ in the act, which shows the principle and measure for the disputes treatment. According to this article, the Minister of Employment and Labor may commission a person recommended by both labor and management among the workers in the workplace concerned as an honorary inspector. They perform the jobs regarding disputes treatment in discrimination or sexual harassment in the workplace, promotion of equal employment and encouragement of the related rules observance. An employer shall not take any disadvantageous measure, including disadvantage in personnel management, to an honorary inspector for carrying out the rightful activities. ‘Honorary Industrial Safety Inspector System’, meanwhile, was introduced 5years earlier than Honorary Equal Employment Inspector System. The 2 systems are common to the contents and forms ; Labor and Management can decide whether to install the systems, the Minister of Employment and Labor may commission a person recommended by both labor and management, the national organization shall intervene in their operations, the inspector’s status is guaranteed for rightful activities and the Minister of Employment and Labor may provide the inspectors’ network with support. However, a person outside the workplace concerned may be commissioned as an Honorary Industrial Safety Inspector and the Honorary Industrial Safety Inspector System can be evaluated more effective considering connection with other committees in a workplace. The current Honorary Equal Employment Inspector System is not enough to settle and/or prevent disputes because of its voluntary appointment and the restricted function for autonomous settlement of disputes. It has also limitations that the system has no connection with other committees in a workplace and may fall into the subsidiary organization for the national labor supervisory administration because the necessary matters are prescribed by the Ordinance of the Ministry of Employment and Labor. Reformation shall be commenced taking concrete facts into consideration.