동일가치노동 동일임금 원칙과 법적 과제

It is a principle under the Labor Law to prohibit discriminatory treatment in employment relations and to pay equal wages for equal work. Moreover, it is an international norm to pay equal wages in work that can be regarded as “the equal value” by evaluating the value of duties, although the job type, duties, or employment type are different. The principle of equal pay for equal value of work was originally aimed at prohibiting gender discrimination, but it has now been expanded to the general principle that applies to all workers in employment. However, there are a number of legal precedents which acknowledge a difference between regular and non-regular employee and wage gap in the judging process “equal-value work” to correct wage discrimination against non-regular employee. This study examines how the principle of equal pay for equal value of work is interpreted in the non-discrimination regulations for non-regular employee. In addition, through a comparative review with the Japanese law, this study proposes that the Labor Standards Act stipulate the principle that “An employer shall pay equal wage for equal value of work in the same business or workplace, regardless of the type of work,” delete the “responsibility” element unlike Equal Employment Opportunity And Work-family Balance Assistance Act, and the Labor Relations Commission should take charge of the relief agency.