채용의 공정 ― 채용비리를 중심으로 ―

Labor law shall govern individual labor relations and collective labor relations of labor relations parties. These labor relations are based on the assumption that employer and employee are incorporated into the business organization through contracts, which made it difficult for the labor law to intervene in the recruitment process itself. Employers and employees included in the labor relations are subject to the Labor Standards Act and the Labor Union Act, but recruitment process are considered to be free from the discipline of labor law. This conception is based on the freedom of employment which is derived from freedom of contract. In 2014, the Act on the Fairness of the Recruitment Process was enacted to prohibit procedural unfair activities such as false recruitment advertisement, recruitment examination fee and to impose employer to notify job-seekers of recruitment schedule and recruitment process in advance and return the documents of job-seekers who require them. In 2017 and 2018, the revised bills of the Act on the Fairness of the Recruitment Process that require substantive and procedural fairness of recruitment process, such as cancellation of unfair employment, disclosure of employment evaluation rankings and scores, organization of employment screening committees are contested in the National Assembly. This situation shows that society recognizes the need for restrictions on freedom of employment the procedures, both inside and outside. One of the measures for fairness in the recruiting process is crackdown on recruitment of corporations and public institutions which is launched with strong determination by new government. The demand fore fairness of recruitment process in open competition system comes from the job-seeker’s anger that has arisen from corruption and irrationality in the recruitment process such as manipulated scores, dishonest solicitation and jobs-for-cash brokerage. This paper shows the possibility of hiring of the job-seekers affected by unfair adoption and dismissal of unjustified employee as a means of correcting the unfairness in the recruitment process from the point of view of legal justice.