남녀고용평등법상 모집･채용차별에 관한 연구 — 차별시정제도 시행에 따른 제7조 해석을 중심으로 —

The discrimination correction system by a Labor Relations Commission(LRC) under the Equal Employment Opportunity and Work-Family Balance Assistance Act(the Equal Employment Act) has been enforced since May 19th, 2022. Following the enforcement, on one hand, there is expectation that the sexual discrimination correction system would effectively work, but on the other hand, there is concern to what extent the sexual discrimination system by a quasi-judicial administrative agency, which has been actually absent until now, can respond to sexual discrimination and correct sexually discriminatory employment practice. This concern, considering operation performance of temporary worker discrimination system which a LRC has taken charge of, seems not to be overcare. Still, this system has been enforced just recently, and should be improved through the process assessing problems or insufficiency revealed during the operation of the system. First of all, we need to correct the interpretation of the Equal Employment Act which should be the base of the recently introduced sexual discrimination correction system, and the gender sensitivity of the entities taking charge of discrimination correction sgiykd be enhanced. This paper, based on these critical minds, focuses on the interpretation of Article 7 of the Equal Employment Act. It discusses general interpretation of paragraphs (1) and (2) of Article 7 respectively and then types of sexual discrimination (direct and indirect discrimination, etc.), application period of discrimination correction, persons having right to apply, comparable employees, determination of whether discriminatory action exists, and determination of reasonable reason.