통계증거를 활용한 구조적 차별의 판단과 구제

In this study, “systemic discrimination” is defined as “a type of discrimination in which company's system, policy, or practices, etc., result in widespread disadvantages in specific companies, occupations, industries, or regions in a complex and repeated way.” In discourse related to discrimination, the concept of systemic discrimination can be understood as an instrument to better grasp and regulate the systemic nature of discrimination, rather than being a separate concept. In Korea, the existence of discriminatory practices, tendencies, and discriminatory structures has made employment discrimination difficult to be recognized. The legal principles to infer discriminatory practices and trends from the collective, repetitive gender gap, and to confirm gender discrimination based on this background have not been sufficiently developed and accepted. Even when gender discrimination in hiring in the financial sector was revealed in 2018, limitations in handling were visible; the perception was that it was an “exceptional” deviation of “some” managers or management. As can be known from the relevant regional labor office’s statement on gender regarding the KEC workers, where it was stated, “Indirect evidence alone is not enough to confirm gender discrimination,” the perception of employment discrimination and labor supervision standards have stayed at the level of individual/direct discrimination. Accordingly, for the practical operation of the anti-discrimination system, it is necessary to find criteria so systemic discrimination through indirect or circumstantial evidence can be identified; to see what systemic limitations and difficulties there are for ministries and institutions in charge of implementing policies on gender discrimination in employment for investigating, judging, and correcting cases of systemic employment gender discrimination; and to review the necessity of improving the anti-discrimination system.