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This paper is to divide decisions of the National labor Relations Commission correcting discrimination from July 1, 2008 to August 30, 2009 into the questions of (1) standing to sue, (2) selection of workers to be compared with, (3) the object of application for correction, and (4) resonable discrimination, and to pigeonhole and analyze them. Through this, ① the problem of repetition and renewal of fixed term contracts and correction of discrimination, ② the problem of the meaning of 'wages and other working conditions' as the object of correction of discrimination, ③ the problem of duration to be the subject of correction of discrimination, and ④ the problem of recognizing contract workers as dispatched workers are examined.
In ①, it is argued that while it may be meaningful that the Commission has changed its existing position considering repeated and renewed working contract with fixed term as working contract with indefinite term to deny the workers entering into such contracts the capacity for being a party for correction of discrimination and respects current situation of working contracts with fixed term, reasonable solutions has to be found considering termination of working contracts. So it seems that there should be legislative action or flexible interpretation to prevent discrimination against workers due to the result of correction of discrimination. In ②, The question is raised whether it should be recognized that it is possible even the money an employer does not have the duty to pay is recognized as belonging to working conditions. For types of working conditions are so various that they are not listable restrictively, it seems, for example, even if the employer pays the money temporality or out of courtesy, that does not necessarily mean it does not belong to the working conditions. In ③, this writer raises an objection to the exclusion period of three months for applying correction of discrimination under Act on the Protection, etc. of Fixed-Term and Part-Time Workers being used as if it is the period for the correction of discrimination. Though the National Labor Relations Commission considers that payment of wages is not 'continuous discrimination' for the present, this writer argues that it should be considered as practical 'continuous discrimination', and the period for correction of wage discrimination is not limited to the period of three months before workers' application for correction of discrimination, but from July 1 2007 when the Act on the Protection, etc. of Fixed-Term and Part-Time Workers came into effect to the date on which the workers applies for correction of discrimination. In ④, this paper analyzes the contents of the adjudications of the National Labor Relations Commission concerning recognition of being dispatched workers more closely, and examines adequacy of those adjudications.
In ①, it is argued that while it may be meaningful that the Commission has changed its existing position considering repeated and renewed working contract with fixed term as working contract with indefinite term to deny the workers entering into such contracts the capacity for being a party for correction of discrimination and respects current situation of working contracts with fixed term, reasonable solutions has to be found considering termination of working contracts. So it seems that there should be legislative action or flexible interpretation to prevent discrimination against workers due to the result of correction of discrimination. In ②, The question is raised whether it should be recognized that it is possible even the money an employer does not have the duty to pay is recognized as belonging to working conditions. For types of working conditions are so various that they are not listable restrictively, it seems, for example, even if the employer pays the money temporality or out of courtesy, that does not necessarily mean it does not belong to the working conditions. In ③, this writer raises an objection to the exclusion period of three months for applying correction of discrimination under Act on the Protection, etc. of Fixed-Term and Part-Time Workers being used as if it is the period for the correction of discrimination. Though the National Labor Relations Commission considers that payment of wages is not 'continuous discrimination' for the present, this writer argues that it should be considered as practical 'continuous discrimination', and the period for correction of wage discrimination is not limited to the period of three months before workers' application for correction of discrimination, but from July 1 2007 when the Act on the Protection, etc. of Fixed-Term and Part-Time Workers came into effect to the date on which the workers applies for correction of discrimination. In ④, this paper analyzes the contents of the adjudications of the National Labor Relations Commission concerning recognition of being dispatched workers more closely, and examines adequacy of those adjudications.
목차
Ⅰ. 서론
Ⅱ. 분석대상과 판정의 동향
Ⅲ. 판정례 검토와 의문점
Ⅳ. 결론
참고문헌
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UCI(KEPA) : I410-ECN-0101-2010-336-001655318