earticle

영어

This study starts from the Equal Treatment Principle that employer should not treat employees differently in comparable group on employment conditions without good causes. This Principle includes not only specific legal issues such as gender-based discrimination, which some statutes have expressly prohibited, but also general matters of discriminatory employment practice in workplace. From that, this study tries to classify discriminatory practices into several categories - hiring, compensations, and dismissal - and to apply the equal treatment principle to each discrimination by type. This writing concludes that the legal proceeding protecting employees' right to be free from discrimination can be diversely instituted by the type of discriminatory practices. For example, if some employees are excluded from certain benefits with the basis of discriminatory practice, such as a discrimination in compensation, the right to demand on account of the difference should be granted to the injured employees. On the contrary, if employer dismisses some employees from jobs with a discriminatory intention, it should be legally invalid in order to be free from the legal effect of the dismissal. Besides in case of hiring, unless applicants are covered with express provisions against specific discrimination, even if employer unequally treat the applicants for a job, it can not be regarded as a matter relating to discriminatory practice in employment, because the freedom to conclude a contract is prior to all others in the process of hiring.