헌법재판소의 헌법 제32조 제3항 위헌심사에 대한 소고

This paper critically examines the precedents set by the Constitutional Court regarding Article 32(3) of the Constitution, which stipulates working conditions that ensure human dignity. Based on this analysis, the paper explores potential improvements in the constitutional review of Article 32(3). Specifically, it reviews Constitutional Court precedents concerning social insurance, dismissal, and wages as key components of working conditions. As with the constitutional review of most social rights, the Constitutional Court does not clearly establish a standard for assessing the constitutionality of Article 32(3). When reviewing cases of unconstitutionality, the Court typically bases its decisions on whether the minimum guarantees have been met or whether the scope of legislative discretion has been exceeded. This approach reflects the Court’s recognition of broad legislative discretion over social rights. Furthermore, in cases related to equal rights raised in connection with Article 32(3), the Court generally applies a rationality review to determine constitutionality. The differential application of working conditions continues to be a significant issue, and the landscape of working conditions is evolving due to technological advancements. In light of these changes, this paper examines the interpretations of the UN Committee on Economic, Social and Cultural Rights, which is regarded as having made notable theoretical progress on social rights. This analysis serves as a basis for suggesting ways to improve the constitutional review process under Article 32(3). Accordingly, the paper presents recommendations for how the Constitutional Court can enhance its review of cases involving the unconstitutionality of working conditions.