비정규직 차별시정제도의 실효성 연구

It has been 10 years since the system of discrimination correction for non-regular workers was introduced in this country. This study is to confirm whether the discrimination against non-regular workers has been effectively addressed, by analyzing the Labour Relations Commissions' final decisions and the courts' rulings which have been so far issued in relation to discrimination against non-regular workers. In particular, this paper adopts a rearranged structure of discussion on discrimination correction. The issue of non-regular worker discrimination correction is examined in terms of two spheres in this study: the personal sphere, which concerns the persons who are subject to discrimination correction, and the physical sphere, which involves the elements in which discrimination in treatment is prohibited. This approach is due to the belief that the discrimination correction system can become more effective only when the two spheres have a larger coverage. In other words, both the personal sphere and the physical sphere need to be expanded so that all of the workers in non-regular employment may be eligible to apply for discrimination correction in the event of any discrimination in treatment. Comparison is necessary to verify discrimination. However, a disproportionately high emphasis on comparison may lead to a tolerance of discrimination, and this is why an appropriate level of comparison is an essential element of the discrimination correction system. The currently predominant interpretation of the discrimination correction system requires strictness in selecting comparable workers: the definition of comparable workers in the same or similar work is just made in a narrow manner for comparison purpose. The consequence is that many applications submitted for discrimination correction have been dismissed even without any judgment being made about the actual existence of discrimination just on the ground of the absence of comparable workers. This study is also to criticize this problematic interpretation and come up with a new interpretation to increase effectiveness in the discrimination correction system. The non-regular worker discrimination correction system is a unique mechanism for administrative remedy in Korea. The progress made in the system during the last decade should be further developed while the shortcomings revealed so far need to be resolved with supplementary measures. To this end, this study gives an analysis of some selected decisions and rulings concerning discrimination correction and, based on this analysis, proposes a new structure of discussion on the issue. It is hoped that the proposed structure will be one of the key solutions to secure effectiveness in the discrimination correction system.