비정규직 차별시정례의 분석(Ⅴ)

This paper reviews the CLRC's adjudication cases for correction of discriminatory treatment of non-regular employees from the second half of 2011 to the first half of 2012 focusing on the meanings and the questions of each cases. First, concerning the problems of competency as parties of application for redress of discriminatory treatment, this paper reviews ① the problem concerning acknowledgement as a dispatched worker who consistently signed an employment contract with subcontractors who have been changed several times, ② the problem of the nature of the aged's fixed-term contract which has been iteratively updated before and after the enforcement of [Act on the Protection, etc. of Fixed-term and Part-time Employees]. Second, concerning the problems of selecting workers to be compared with, this study examines those of dispatched workers. Especially, this paper reviews the question whether to allow to find the workers to be compared with among the whole workers working in corporations that can actually be considered to belong to the one conglomerate, like the cases with Chaebol, even if they are not working in the same corporation. Thirdly, [Act on the Protection, etc. of Fixed-term and Part-time Employees] provides the terms of employment contract as the working conditions. But existing judicial precedents ruled that the terms of employment contract is not a working condition. This paper pursues the reason of that. Lastly, concerning the problems of determination of reasonable discrimination, this paper examines reasonable degree of disadvantageous treatment.