무기계약근로자에 대한 차별적 처우의 시정 ― 균등처우조항에 대한 최근 판례 검토 ―

Since the enactment and implementation of the Act on the Protection, etc. of Temporary Agency Workers and the Act on the Protection, etc. of Fixed-term and Part-time Workers in 2007, there have been a number of cases where fixed-term workers who are to be converted into full-time regular workers have turned to so-called “in-between” irregular workers instead. The working conditions of such in-between workers are certainly lower than those of regular workers, and almost always not any better than those of fixed-term workers. As there exist no legislative measures to amend the discriminatory treatment against the in-between workers, not many attempts have been made so far to resolve the discrimination legally. However, recently, through the Article 6 of the Labor Standards Act, attempts have been made with the lower courts ruling recognizing the illegality of treatment. In this article, (i) the facts and plaintiffs’ arguments in the related rulings are summarized, (ii) the meaning of social status in Article 6 of the Labor Standards Act is examined, (iii) and the grounds and structures of the above-mentioned rulings are critically reviewed. (iv) Lastly, a couple of legally challenging issues are discussed that need to be clarified in the near future, with the aim of settling the adhering problem of discriminatory treatment against in-between workers.