공공기관의 무기계약직에 대한 공법적 검토 - 도로보수원 및 과적단속원과 관련하여 - (A legal study regarding laborer in the public areas from the viewpoint of public law - Concerning laborer of street maintenance and crackdown on overloaded trucks -)

서지정보

· 발행기관 : 성균관대학교 법학연구원
· 수록지 정보 : 성균관법학 / 24권 / 2호 / 85 ~ 114페이지
· 저자명 : 강현호

초록

There are laborer in the public areas who are in charge of street maintenance and crackdown on overloaded trucks etc. Legally these laborer are not considered as regular public officials but as civilian workers. Therefore even though they work the same as that of public officials, but they get much lower salaries. This kind of discrimination should be legitimized from the viewpoint of human dignity and principle of equality and further more the legal principle of 'same work same salary' or 'equal pay for equal work'. To decide what is the same work is not easy, therefore it is necessary to develop standards. According to the examples of other countries the same wokr can be proven by the technic, effort and responsibility of the workers.
According to the decisions of National Human Rights Commission of Korea and also according to the rulings of korean Courts, the same work can be decided by the work, its difficulties and the amount of responsibility. In addition to them it is also regarded as important that other statutes include the workers in the same category. Through the decision of the Korean Constitutional Court regarding the enforcement decree which stipulates salaries of the public officials including police officials and soldier officials, the Korean Constitutional Court explained very concretely from the viewpoint of the Constitution the process how to prove the discrimination whether it might be acceptable or not. Especially it pointed out that reasonable grounds should exist to legitimize the different treatment in the same group like police officials and soldier officials.
Through this study it is shown that the discrimination between regular public officials and laborers in the public areas can not be legitimized any more. This study also pointed out that the legal relationship between the state, the central government or the local government and laborer in the public areas should be ruled by the presidential decree not by the administrative internal rules.

영어초록

There are laborer in the public areas who are in charge of street maintenance and crackdown on overloaded trucks etc. Legally these laborer are not considered as regular public officials but as civilian workers. Therefore even though they work the same as that of public officials, but they get much lower salaries. This kind of discrimination should be legitimized from the viewpoint of human dignity and principle of equality and further more the legal principle of 'same work same salary' or 'equal pay for equal work'. To decide what is the same work is not easy, therefore it is necessary to develop standards. According to the examples of other countries the same wokr can be proven by the technic, effort and responsibility of the workers.
According to the decisions of National Human Rights Commission of Korea and also according to the rulings of korean Courts, the same work can be decided by the work, its difficulties and the amount of responsibility. In addition to them it is also regarded as important that other statutes include the workers in the same category. Through the decision of the Korean Constitutional Court regarding the enforcement decree which stipulates salaries of the public officials including police officials and soldier officials, the Korean Constitutional Court explained very concretely from the viewpoint of the Constitution the process how to prove the discrimination whether it might be acceptable or not. Especially it pointed out that reasonable grounds should exist to legitimize the different treatment in the same group like police officials and soldier officials.
Through this study it is shown that the discrimination between regular public officials and laborers in the public areas can not be legitimized any more. This study also pointed out that the legal relationship between the state, the central government or the local government and laborer in the public areas should be ruled by the presidential decree not by the administrative internal rules.

참고자료

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