비정규직 차별금지의 쟁점과 과제

The Korean laws about the protection of irregular employees prohibit discrimination against them. Employers should give equal working conditions to irregular employees who perform as same or similar work as regular employees do. Irregular employees, such as fixed-term employees, part-timers and agency workers, can file a charge of discrimination with the Labor Relations Commission. The employer is prohibited from unequal treatment without justification. The employer is allowed to discriminate if there is a justifiable reason based on productivity, job skill, labor intensity etc. This paper aims to analyze the existing state of anti-discrimination system and review the important issues about complaining party, comparator, just reasons, etc. The history of anti-discrimination law is short. Legal principles about employment discrimination have not been formed. This research suggests to extend the range of complaining party and comparator, and to narrow the scope of just reasons justifying discrimination. This way contributes to protecting irregular employees from discrimination, and to improving their working conditions.