성별에 의한 차별과 위헌심사기준의 헌법적 재조명

Article 11 of the Constitution stipulated the principle of equality and the right to equality before the law, and provided special meaning to groups that were traditionally subject to discrimination and prejudice, such as gender, religion and social status. This article takes the problem consciousness of sexism as the starting point, first defines the concept of gender-based discrimination from a generalist point of view, and then reviews gender-based discrimination in the United States at a comparative level. In addition, the relevant cases and statutes are reviewed in which rational scrutiny standards are applied, and then divided into areas where strict scrutiny standards are applied such as equal protection in marriage and family system, employment, and military service. Through this discussion, I would like to emphasize that gender discrimination against women with a long history is tantamount to reflecting the conventional social prejudice of fixing women to specific roles, and that gender discrimination from gender stereotypes results in an infringement of equal rights. The gender roll stereotyping can be helpful to reshape and enhance judicial review standard for gender based discrimination cases. In order to realize the prohibition of discrimination from the constitutional point of view, and to overcome women’s disadvantageous status, the government and society need to constantly discuss the scrutiny of unconstitutional review of gender discrimination. Therefore, this article presents the arguments for justification to enhance and strengthen judicial review scrutiny for gender discrimination cases in general.