근로자 모집·채용시 신체검사의 정당성 여부에 관한 법적 연구 -이른바 ‘채용건강검진’을 중심으로-

This study analyzes the outcome of the physical examination, which is called the ‘Recruitment Health Screening’, which is commonly conducted in employment and is considering a legal basis about it. Prior to 2005, the physical examination in employment system have been enforced to the effect of a basis for the identification of health care and proper placement of health care through the understanding of health status on the basis of industrial safety and health act. However, since the 2005 system was abolished, it has been touted as a means of treating unreasonable employment in practice being used as a means of treating discrimination in the recruitment process. In the context of the employee’s personnel management, however, the results of the current employment screening process about workers may be assessed, but the results of employment screening on the current law shall not be construed as having no legal basis for the existence of the employment contracts. Therefore, workers’ limit prohibition in line of health strange in result from Recruitment Health Screening have to be construed as be unconnected with establishment of the employment contracts. In addition, it needs to prepare penalties for violations of the current law and seek redress of workers’ rights about the provision of penalty clauses for violations of employment candidates due to occupational health examination.