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영어

In temporary agency relations (i.e. dispatched labor relations), there may be disparity between working conditions of temporary agency workers and working conditions of workers employed by a user company. According to Article 21 of the ACT ON THE PROTECTION, ETC. OF TEMPORARY AGENCY WORKERS (“Temporary Agency Workers Act”), “No temporary work agency nor user company shall give discriminatory treatment to any temporary agency worker on the ground of his/her employment status compared with other workers engaged in the same or similar kind of duties at the business of the user company.” Also, in Korea, any temporary agency worker who has received discriminatory treatment may file a request for its correction with the Labor Relations Commission. Where the Labor Relations Commission determines that the treatment in question is discriminatory after completing an investigation and inquiry, it shall issue a corrective order to the employer. The discrimination correction system are regulated by the ACT ON THE PROTECTION, ETC. OF FIXED-TERM AND PART-TIME WORKERS (“Fixed-term Workers Act”). It can be seen that the discrimination remedy system for temporary agency workers in Korea is considerably different compared with the obligation to consider balancing against dispatching business owners in Japan. In Korea, it is distinctive in that the discriminatory treatment for temporary agency workers is prohibited, and the Labor Relations Commission has a procedure that can be remedied by issuing a corrective order for discriminatory treatment. In this paper we will consider the discrimination correction system related to temporary agency workers in Korea and specific examples, which are the recent cases of judgment by the Labor Relations Commission. In order to be recognized as discriminatory treatment and to issue a corrective order, it is necessary to satisfy a plurality of requirements and there are some aspects which are difficult to achieve substantial relief. On the other hand, changes in interpretation and institutional improvements are being made to ensure the effectiveness of relief (for example, double compensation). It may be difficult to conclude “Success” and “Oversphere” of the discrimination correction system at the moment that it is only over 10 years since the introduction of discriminatory remedial procedures.