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비정규직 근로자 차별시정제도 시행에 따른 운영상의 문제점과 개선방안

원문정보

A study on solutions and controversial points in the management according to enforcement of the discrimination correction system for irregular workers

고준기, 서우석

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초록

영어

Recently as the protection law of irregular workers was passed in order to prohibit and redress their discrimination directly, the discrimination judgment commission is instituted in the labor relation committee for the judgment of the discrimination correction. However, when it is progressed, we don't have specific standards of judgment and accumulated precedents all these days, so many confusions are expected. If the specific standards aren't prepared, we can't help
encountering labor and management's conflicts and the disorder of labor relation commission's management. Hence we've got to suggest the explanatory basic directions to be guides of the discrimination correction for labor relation commission and capital and labor. For the rrangement of the specific judgment standards and examples, we have to refer to EU, Germany, France, and England, and so on. Through these countries, we should analyze what is processed as the specific judgment standard in leading cases, what is the issue for the irregular employment discrimination prohibition law or the differential working conditions correction, and what could be suggested for the management system in our country. We have to reflect these analyses to our current system positively. If the discrimination correction system is done without enough examination of countermeasures and moot points which can be taken place to introduction and
management of the correction system, capital and labor or labor relations committee will have many confusions and face a lot of harmful effects. For the successful system settlement of the irregular workers discrimination correction , though I have many difficulties to study the system which is done recently, 1) I try to understand the realities according to the introduction and management of the discrimination system done from 2007. 7. 1st, and on the basis of this I search for solutions by deducing new points at issue appeared between labor and management. 2) Especially I seek for the solution by examining problems and issues emerged when correction measures are taken for the discrimination correction of labor relation commission. 3) Also I make efforts to look for the solution previously by studying the irregular workers protection law and labor relations committee law revised on the basis of the examination of discrimination
prohibition system for irregular workers in major countries, and by deducing analytical points at issue for the discrimination correction.

목차

ABSTRACT
 Ⅰ. 서론
 Ⅱ. 비정규직 근로자 현황과 차별실태
  1. 비정규직 근로자 현황
  2. 비정규직의 차별사례
 Ⅲ. 주요국가의 비정규직근로자 차별금지제도
  1. 유럽 연합
  2. 독일
  3. 프랑스
  4. 영국
  5. 결어
 Ⅴ. 비정규직 근로자의 차별시정을 위한 개선방안
  1. 차별적 처우31)판단기준과 금지대상 범위문제
  2. 차별취급의 판단절차
  3. 이행 청구권의 인정여부 문제점
  4. 우리나라에서의 차별 해소를 위한 향후 과제
 Ⅵ. 결론
 참고문헌

저자정보

  • 고준기 Ko Zoon Ki. 군산대학교 법학과 교수
  • 서우석 Seo Woo Suk. 군산대학교 사법행정학과 박사과정

참고문헌

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