국적차별금지조항의 기원과 현재적 의의

The article 6 of the Korean Labor Standard Act says no employer shall discriminate against workers on the basis of gender, or give discriminatory treatment in relation to the conditions of labor on the basis of nationality, religion or social status. This papers explores on the origin of nationality discrimination in the article 6 to examines foreign workers’ right at work in respect of discrimination. There are many sections in Korean LSA similar to the Japanese LSA. Nationality discrimination also originates in Japanese LSA. Thus the study explores the cause of the article 3 in Japanese LSA concentrating on the political and social environment of Japan when it was enacted. The paper found that the introduction of nationality discrimination was very closely related to the self-reflection on discrimination against Korean and Chinese employees during the Japanese colonial era. Korean lawmakers at that time accepted the principle and the cause without a shadow of doubt and sought to prohibit even race discrimination. In conclusion the study suggests the improvement of the Act on the Employment, etc. of Foreign Worker in order to supply them with protections in relations to employment.