모집･채용에서의 우대조치에 대한 합리적 이유 - ‘채용할당제와 고용의무’를 중심으로 -

Discriminatory recruitment takes the big share of the employment discrimination. In the recruitment process, the sexual discrimination, disability discrimination, and age discrimination, etc. are strictly prohibited by the employment-related laws and regulations. Meanwhile, the hiring quota system, and the employment-duty has been implemented in order to solve discrimination in employment. This preferential treatment, called the affirmative action in employment, does not belong to the discrimination because of its rationality. Rather, this is accepted as an effective measure to ensure the equality in employment. However, there should be certain rules to prevent the excessive preferential treatment in recruitment from inflicting the reverse discrimination. First of these rules is to clearly perceive the aim of the preferential treatment, which ensures relieving the past and present discrimination. That is, the purposefulness, purposiveness and the need must be met. Next, it should be maintained the statistical level of the equality and fairness with other an employee(worker). Finally, the preferential treatment must be abolished when it achieves its original goal since the permanent affirmative action is in danger of losing its rationality.