소위 ‘공무직’ 근로자와 동일가치노동 동일임금 원칙

This article examines the legal issues that arise in the use of employees with indefinite-term contracts in the public sector (hereinafter referred to as ‘public employees’). The use of public employees is increasing as states and local governments, like private companies, seek greater flexibility and efficiency in labor utilization. Unlike civil servants, public employees are fully covered by labor laws. However, there are still differences in working conditions among public employees and between public employees and civil servants. Resolving these issues through the application of Article 6 of the Labor Standards Act, Article 8(1) of the Equal Employment Opportunity and Work-family Balance Assistance Act, and Article 103 of the Civil Code is difficult. In particular, if the issue of discrimination in the working conditions of public employees is left to the general provisions of Article 103 of the Civil Code, it is challenging to expect a preventive function through labor inspection, other administrative remedies, and criminal penalties. In light of this, it is necessary to consider legislation that directly targets discrimination in working conditions based on the type of employment as a public employee. Specifically, it is desirable to establish the ‘type of employment’ as a prohibited ground for discrimination in Article 6 of the Labor Standards Act.