사적 차별에 대한 입법적 해결 방안으로서일반적 차별금지법 제정에 대한 검토

In principle, private person can treat people differently from others. However, such a guarantee of private autonomy is bind to constitutional restriction. Moreover, the expansion and empowerment of the social sector brought about an increase in private discrimination. Thus we need to protect constitutional equality rights against private discrimination. There are constitutional grounds that support the need to protect constitutional equality in the private sphere. The Constitution has equal protection clauses and they have horizontal effect in the private sphere. The Constitution guarantees human dignity, prescribes the duty of the State to ensure and guarantee fundamental rights, and demands for social state, supporting the argument that constitutional right of equality covers the actions of private individuals. Still, the guarantee of equality rights has not been improved effectively until now, though National Human Rights Commission Act, specific anti-discrimination laws and general clauses of civil law have been applied to private discrimination. Therefore it requires the legislation of general anti-discrimination law. It aims to protect individuals against private discrimination and to guide specific criteria to solve the clash between private autonomy and the equality rights, setting a limit to partially guaranteeing both rights. Concretely, it should prescribe the definition of discrimination, more specific list of protected characters against private discrimination, and detailed exceptions or justification grounds.