남녀고용평등법상 동일임금법리상의 한계와 개선과제

Section 8 of Korea's Act on Equal Employment and Support for Work-Family Reconciliation (AEESWR) regulates the equal pay for work of equal value. Section 8 also includes the standards of judgement of 'equal value' with regard to skill, effort, responsibility, and working condition. Nevertheless, it does not define clearly the concepts or the way to judge 'equal work' or 'similar work' and 'work of equal value', which leads to problems of interpretation. In addition, when Korean courts analyze wage discrimination based on sex, they confront problems of interpretation when it comes to dealing with 'comparable worth', 'comparable work', and justification defense. This article identifies the institutional limitations of the AEESWR sec. 8 and suggests the direction for improvements to be made based on comparative study of the Canadian, UK, and U.S. legal systems.