채용절차법의 채용강요 등 행위에 대한 법적 규율

This paper seeks to present the direction of operation of the provision prohibiting forced recruitment of the Recruitment Procedure Act through a systematic and purposeful interpretation. Among the provisions prohibiting forced recruitment under the Recruitment Procedure Act, ‘unfair solicitation’ refers to a solicitation that is contrary to social norms or the principle of good faith, and ‘pressure’ refers to a request that is made against a person's free will by using social, economic, or political status and power. It refers to pressure that has influence but does not reach the level of overpowering it, and ‘coercion’ should be interpreted as referring to physical or psychological coercion on a person, unlike in the crime of coercion under criminal law. In relation to sanctions for violations of the prohibition on forced employment, the criminal punishment provision has the potential to be unconstitutional because it runs counter to the principle of clarity derived from the legality of criminal punishment. And it cannot be seen that there is any real benefit to be gained by changing it to a criminal punishment provision. In other words, criminal punishment for forced recruitment is expected to take a long time as it requires investigation, prosecution, and trial, so it is impossible to impose sanctions as quickly and flexibly as the imposition of fines by administrative agencies. Additionally, administrative agencies may impose increased fines depending on the number of violations. Equity with the Anti-Corruption Act, which imposes fines for improper personnel requests to public officials, must also be considered. Therefore, the provision for imposition of fines under the Recruitment Procedure Act should not be changed to a criminal penalty provision.