남녀고용평등법상 동일가치노동 동일임금 원칙의 해석 및 개선방향

The Equal Employment Opportunity and Work-Family Balance Assistance Act(hereinafter referred to as the ‘Employment Equality Act’) was legislated as the name of ‘Sexual Equality Employment Act’ in 1987 and came into force in 1988, and the law was enacted for the purpose of contributing to the improvement of the status of working women and promotion of their welfare by securing equal opportunity and treatment between men and women in any employment in conformity with the ideal of equality in the Constitution, protecting the maternity and developing their vocational ability. ‘The principle of equal pay for the work of equal value’(Equal Employment Act §8 ① “The employer shall provide equal pay for equal-value work within the identical business.”), which was not included in the original Act, was specified at the time of the amendment in 1989. Since then, the main skeleton of the law clause has remained until now without any changes, and then the provision has been in place for 33 years. This paper critically examines the criteria for judging the principle of equal pay for equal-value work, which has thus been established and accumulated through the implementation of the law for 30 years or so, and explores one direction of interpretation. Prior to this, this paper reviews the background of the creation of the principle of equal pay for equal-value work, international standards and legislative practices of individual countries (USA, Canada, UK, Germany), the legislative formulation of the principle of equal pay for equal-value work under national law, and the relationship between the principle of equality and Article 8 of the Equal Employment Act.