노동법 상 차별 금지 법리에 대한 소고 — ‘차별’과 ‘격차’의 개념 구별을 중심으로 —

The concept of discrimination in labor law must be clear. The gap must be resolved conceptually. In addition, the gap between benefit treatment and disadvantage treatment should be assessed differently under labor law. Today, the issue of discrimination against non-regular workers is closely related to the complexity of wages. It should be clear. The system of accounting for work should be single. There are only calculations proportional to working hours and working periods, depending on the type of employment, and the system should not be essentially different. Furthermore, as far as payment of bonuses is made, it is necessary to clarify the purpose of the payment and to establish detailed criteria for judging whether it is reasonable. The need to bridge the working conditions gap for subcontracting relationships should be positive. The problem is methodology. First, the subcontracting needs to be categorized to clarify the subject of labor law regulation. In short, as an in-house subcontractor, if the subcontractor is assigned to a subcontracting company, it can be conceptualized as a production community. At this time, it may be possible to derive the duty of the original subcontracting company for the protection of labor law for subcontracted workers. For example, there is a need to find a system of worker representation that includes disclosure of wage information and subcontracted workers. In addition, it is necessary to improve the system to improve the effectiveness of discrimination or to close the gap. It is not possible from the outset to ask for ongoing workers in labor contracts to seek legal remedies for discrimination. Prevention of self-discrimination within the workplace is more important than legal discrimination remedies outside the workplace. Confirmation of the existence of discrimination can also be done more accurately through autonomous assessment in the workplace.