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Study on Cases of Correcting Discrimination against Irregular Workers

  • DONG-A LAW REVIEW
  • 2011, (51), pp.369-394
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

PARK EUN JEONG 1

1인제대학교

Accredited

ABSTRACT

It has passed almost 4 years since the Discrimination Correction System for Irregular Workers was put in force. During that time, a lot of cases have been examined by LRC, and some of them are pending in the courts. In this paper, several cases correcting discrimination against irregular workers are organized in the order of : ① the repetition and renewal of fixed-term labor contract and the eligibility of the petitioner; ② the eligibility of public institutions as the accused, ③ the sameness or similarity of work and selection of the group of regular workers who can be compared with the petitioner who is an irregular worker, ④ the problem with selection when there are plural groups of regular workers which can be compared with a irregular worker, ⑤ the problem with the meaning of wages and ‘other’ working conditions as the object of correction of discrimination, ⑥ wage as a continuing discrimination, ⑦ the problem whether a collective agreement can be a resonable cause of discrimination. By studying the cases correcting discrimination until now, this paper tries to cover how that points(①-⑦) were solved and what the meaningful or doubtful points are.

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