헌법적 적극적 평등실현조치를 통한 사회적 차별의 해결방안에 대한 검토

Affirmative action can be justified itself in reality and in constitutional theory. However, the range of its measures are so wide and beyond what can be justified in light of its original meaning. Although some of its aims are to pursue social equality and social justice, we still should distinguish and evaluate each measures of various affirmative actions individually and case by case. In particular, social affirmative actions as means to prohibit private discrimination and improve the degree of social equality should be considered carefully because such ways may infringe on other people's private autonomy. Thus affirmative action in the private sector should be more carefully implemented than in the public sector. In the private sector, the affirmative action whose purpose is to solve historical discrimination problems which are targeting minority groups can be easily proved to be constitutional though it may harm other people's equality and freedom. If the affirmative action is concreted and adopted as a specific method of flexible and soft affirmative action, it can also be constitutional. To release the burden of other people, affirmative action in the private sector should be accompanied by such national support for people and private companies which take measures of affirmative actions.