채용의 공정성 확보를 위한 제도의 쟁점과 방향

Recruitment is the first and essential step in the labor market. The assessment of the job applicant made during the hiring decision tends to have a lasting impact on the future development of the employment relationship. If a job applicant is unsuccessful, he or she will try to find out the reasons and make efforts to correct them, and if he or she is successful, his or her future working conditions and career development will be based on the assessment of the applicant made at the recruitment stage. Recruitment is not just about the individual job seeker. If recruitment is based on the abilities and capabilities of job seekers, the labor market as a whole will also develop in a direction that emphasizes abilities and capabilities of human resources, and in the long run, the compensation system can be expected to change to be based on abilities and performance instead of discriminatory or unreasonable attributes. This will ultimately lead to the strengthening of the competitiveness of the entire national economy and the improvement of the quality of human resources. On the other hand, if recruitment is carried out without considering competence and qualifications, such as through nepotism or favoritism, the quality of human resources in the labor market as a whole is likely to decline, as efforts to improve one’s competence will become unnecessary. Therefore, fairness in recruitment is a minimum condition for the development of a rational labor market and the development of the national economy. In this article, I will examine the current regulations regarding fairness in recruitment, normative demands for it and relevant foreign examples (II), and then examine the current legal restrictions on recruitment that impede fairness and their limitations (III). This article briefly reviews the contents and limitations of the Recruitment Procedures Act, Public Institutions Operation Act, and the Local Public Corporation Act to ensure fairness in the recruitment of public institutions and local public corporations, and specifically examines the application of the criminal law of obstruction of business, which is generally applied to recruitment solicitation and recruitment irregularities. Based on these examinations, it provides legislative directions to realize fairness in recruitment content and transparency in recruitment procedures to ensure fairness in recruitment(IV).