초록 ▼

Ⅴ. 결 론
○ 「근로기준법」을 검토한 결과 근로시간 및 임금의 성별 격차를 개선하기 위하여 근로시간 규정에 대한 개선이 필요하다는 결론을 내렸음. 현행 근로시간단축청구권 조항은 신청사유, 단축시간 및 기간 등에 있어 여러 가지 제약을 두고 있음. 생애주기상의 필요에 따라 자유롭게 근로시간을 변경할 수 있어야 장시간 노동이 완화되고 성평등한 근로시간 체제로 재구조화된다는 전망을 바탕으로 적극 개선해야 할 필요성이있음.
○ 초단시간이나 0시간 계약 근로자와 관련해서는, 근로자성 인정 논쟁 및 주휴, 연차, 휴업수당 규정 적

Ⅴ. 결 론
○ 「근로기준법」을 검토한 결과 근로시간 및 임금의 성별 격차를 개선하기 위하여 근로시간 규정에 대한 개선이 필요하다는 결론을 내렸음. 현행 근로시간단축청구권 조항은 신청사유, 단축시간 및 기간 등에 있어 여러 가지 제약을 두고 있음. 생애주기상의 필요에 따라 자유롭게 근로시간을 변경할 수 있어야 장시간 노동이 완화되고 성평등한 근로시간 체제로 재구조화된다는 전망을 바탕으로 적극 개선해야 할 필요성이있음.
○ 초단시간이나 0시간 계약 근로자와 관련해서는, 근로자성 인정 논쟁 및 주휴, 연차, 휴업수당 규정 적용에서의 어려움이 있음. 관련 법의 개정이나 법 해석 관련 지침을 배포하는 방식으로의 개선이 필요함.
○ 「노조법」은 성인지적 분석과 평가가 거의 시도되지 않은 영역이기 때문에, 이 연구에서는 다른 법률보다 성별 격차 현황과 원인을 제시하는 데 더 많은 분량을 할애하였음. 실태조사 및 해외 입법례 조사결과를 바탕으로, 성평등 교섭을 의무화하는 조항을 「노조법」에 신설하는 것을 제안하였음. 또한 성평등 의제 관련 교섭 명목으로 면제시간을 추가하는 방안, 중소영세사업장 근로자나 비정규직 등 미조직 근로자의 근로조건 개선에 효과적인 초기업단위 단체교섭과 단체협약을 활성화 할 수 있는 방안을 제안하였음.
○ 「산업안전보건법」에는 위험성 평가 관련 성별 특성을 고려해야 할 의무가 규정되어 있지 않다는 한계가 있어서 관련 개정안을 제시하였음.

(출처 : 연구요약 14p)

Abstract ▼

The Labor Law regulates the living conditions related to the provision of labor to enable workers to live a humane life in a capitalist society. Its underlying principle and purpose is to actualize the “humane life of workers.” The Labor Law is animportant means of realizing women's equal labor righ

The Labor Law regulates the living conditions related to the provision of labor to enable workers to live a humane life in a capitalist society. Its underlying principle and purpose is to actualize the “humane life of workers.” The Labor Law is animportant means of realizing women's equal labor rights becauseit has the power to determine how the economic and social forces surrounding labor relations are reflected in the lives and experiences of working people. In Korea, the Labor Standards Act enacted in1953 includes a clause on equal treatment. In 1987, the former Equal Employment Act was enacted. With the enactment, gender equality became an important value of labor law and began to take a stand as an area for regulation. However, despite theselegislative efforts, it is difficult at the present to say that the Labor Law has contributed positively to the realization of gender equality.
Although the female employment rate has risen by 2.0% since 2000, to 50.9% (2018), the figure is still far below the 70.8% male employment rate. The gender gap in the quality of employment has not narrowed either; 33.2% of male workers are non-regular workers while the proportion of non-regular workers is 50.7% for women. The wage gap between genders is 33.4% (2018), which is among the lowest level among OECD countries. Given the significant gender gap in the size, quality of employment, and workingconditions, we cannot help but wonder whether Korean Labor Lawis doing anything to achieve gender equality.

Against this backdrop, this study aims to critically examine and seek ways to improve the Labor Law's contribution to the realization of gender equality in the workplace. So far, research and discussion on gender equality in Labor Law have been focused on the Equal Employment Act. On the other hand, very few studies have examined the impact that the legislation stipulated by the Labor Law has had on the gender gap. As the problems of non-regular workers, such as the formation of internal labor marketstructure, short-term labor, and special employment, overlap with gender discrimination in both employment and task designations, the Equal Employment Act alone is facing limitations in resolving the gender differences in the labor market. The current Labor Law is being only partially applied in terms of normative and factual matters to small-scale businesses and non-regular workers. This is because it is difficult to treat such issues as employment discrimination under the Equal Employment Act. Therefore, it is necessary to identify the reasons why the Labor Standards Act, the Trade Union and Labor Relations Adjustment Act, and the Occupational Safety and Health Act do not contribute to the protection of female workers and their rights. There is also need to correct and supplement the acts in legal and policy terms. This is a gender-sensitive analysis of Labor Law in that it examines the impact of Labor Law on genders and gender gaps, and seeks ways to improve the current legislation.

Secondly, it can be pointed out that the existing 'women's labor law' or discussion on gender equality of the Labor Law developed with the sole focus on the role and improvement plan of the EqualEmployment Act. This is because the employment discrimination law is only a starting point and a means for achieving gender equality. The feminist debate on gender equality has been basedon the question of how to overcome the "Wollstonecraft dilemma."
The concept of equality as equals is embodied in laws prohibitingdiscrimination in hiring, promotion, and wages. However, social differences such as burdens of family care and biological differences such as pregnancy and childbirth have resulted in women having to put in much effort in both the home and the workplace, almost to the point of exploitation in both places. The concept of equalityas difference has been embodied in policies such as maternityprotection, active measures, and policies for work-life balance.
But this concept has the limitation of "reproducing the marginalized status of women in a patriarchal order." Given this debate, genderequality should be defined as “the deconstruction of unequal social organizational logic, ie, gender discrimination structures, includinghierarchical gender roles, gender identity, gender status and norms.,”
Gender equality ultimately changes the masculine and hierarchical social operations and gender order and aims to "transform" gender roles and resource distribution rules. However, gender equality should be viewed as “different yet equal, the strategic frame of transformation is not phased, it is both synchronic and synonymous, and a mix of policies that can be introduced at any time indifferent societies.” Considering this complex discussion on gender equality, the legislation of the Labor Law for the realization of gender equality should not be limited to the Equal Employment Act, which only represents the ‘same yet different’ frame. Analysis and efforts for improvement should be made on whether LaborLaw contributes to increasing gender inequality and hierarchy in the labor sector, and how gender-based perspectives can be reflected in the existing Labor Law to dissolve and transform inequality. A study by Lee Ju-hee (2012) suggests that short-term labor revitalization policies will solidify women's low status in the labor market, induce women's marginalization, and ignore the gender-based discrimination effects of general labor market policies such as the minimum wage system. She criticized the limitations of the existing women's employment policy locked in the ‘different yet same’ frame. Her conclusions suggest the need for analyzing the effects of general labor policies and laws on gender and the need to reflect such analysis in policy alternatives. Therefore,based on the premise that gender equality is an important value and area for legislation in the Labor Law, there is need to analyzethe gender impact of major labor laws. Further research should be done on how to improve the Labor Law to realize gender equality,including the dissolution and transition of the gender hierarchy itself.

The purpose of this study is as follows:
○ Critically review key labor laws in terms of gender equality
○ Suggest improvement measures based on a critical review of the Labor Law
○ Create a network of relevant entities and experts both in Korea and abroad to involve them in the process of discussing gender equality in the Labor Law

Labor-management autonomy acts as the fundamental principle when it comes to collective labor relations, including collective bargaining and collective agreements. Nevertheless, the primary reason for pushing the enforcement of legal mandates or activelypromoting gender equality during negotiations and agreements between labor and management is because the gender gap in the three primary labor rights (the right to organize, the right to negotiate, the right to act) remains serious and persistent. As was noted in Section 3 above, female representation during laborunion decision-making is very low. So is the proportion of genderequality in the collective agreement agenda. The gender gap in theexercise of the three primary labor rights is simply too great forone to expect only the voluntary actions of unions and employers to lessen that gap. In fact, the gender gap is so great that thepotential of collective bargaining and collective agreements to contribute to the realization of gender equality fails to be realized.

The second reason for legislative improvement is that the law can effectively complement the role of collective bargaining forthe realization of gender equality in the three primary labor rights.
Legislation can empower trade unions to monitor gender gaps in the work place and provide workers with standards and collective and individual remedies for equality in working conditions. Laborlegislation that enables gender equality negotiation is consideredone of the important factors that enable collective bargaining andcollective agreements to contribute to the realization of gender equality.

Finally, legislative improvements can be supported for the purpose of realizing democracy in labor unions in the truest sense.
Under the Korean Constitution (hereafter simply referred to as "Constitution" and the Trade Union and Labor Relations Adjustment Act (hereafter simply referred to as Union and Labor Act), trade unions have the authority to enter into collective agreements with employers through collective bargaining, and “should be run more democratically than any other private organization as it has beengiven powerful authorities such as exclusively leading of disputeswhich may possibly result in wage reduction for union members."
The democratic operation of trade unions is also an importantprinciple in that it leads to a basis for maintaining union autonomy.
For the purpose of democratic operations, the Union and Labor Act stipulates in detail the procedures and resolutions of the General Assembly and the authority to conclude collective agreements. In relation to the democratic operation of unions, discussions arefocused on the chairman's authority to conclude agreements andthe effect of the violation of procedures in important decisions of the General Assembly. However, it is difficult to find a case in which the Union and Labor Act was reviewed from the perspectiveof gender equality and gender democracy. But since “the tradeunion has an intrinsic character as an organization that seeks tosecure representative democracy through elections", the theoretical basis for gender democracy upon this principle. If the elected poolof union officers is oligopolized by a particular gender, the union'sdemocracy can be viewed as being infringed. Therefore, there is need to specify more explicitly and specifically in the Union andLabor Act that the genuine democratic management of unions interms of gender equality is necessary.

Gender gap in collective agreements and collective bargaining shows up in the gender gap in the persons present for negotiations and also in the gap revealed in the agenda dealt with during the negotiations. The gender balance in the collective bargaining teams is a “basic value of democracy and trade union movements” and enables all collective bargaining to “integrate new perspectives into the negotiation agenda using women's experiences, opinions, knowledge and skills” at every stage of collective bargaining. In order to alleviate the gender gap in the persons present for bargaining, union membership rate of women should be improved. Ways to increase the participation of women in the collective bargaining process should also be sought after. To decrease the gender gap in the agenda during negotiations, the current male-centered corporate culture existent within labor unions should be changed. We need to look for ways to ensurethat gender equality agenda be given important status duringnegotiations.

In this study, we surveyed 441 labor unions to do a fact check on the representation of women in unions. The findings revealed that asignificant gender gap exists in the composition of decision-making units within unions. Most notable in the survey results is the consistently high response rate for the question of '0% women'. The absence of women within the union's decision- making units represents the most serious situation in terms of gender balance and women's representation, with the highest response being '0% women' in all positions. '0% women' responses showed to be highest for bargaining committee members followed by officers, delegates, and executives. Such a trend shows that the bigger the position for decision-making and influence, the harder it is forwomen to enter into such positions. Women represented only 10.9% of union representatives; this figure is consistent with the survey results. The second highest percentage of responses is the '1~25% women' category. This category showed to be the second highest in executives, delegates, and bargaining committees members (officers exempted).73) When these two responses ('0% women' and '1~25%women') were combined to allow for '0-25% women,' 50-60% of allunion positions were included. Since the case of the proportion ofwomen in the decision-making unit falling below 25% accounts for 50 ~ 60% of all union positions, the survey results indicate poorfemale representation in the labor unions.

This study also distinguished between two different union groups: one group having female union members of below 30% and one having female members of over 30%. After making the distinction, the study conducted a cross tabulation. When the proportion of women among the members reaches a certain level, the decisionmaking body should reflect the demographics of the union in order to ensure the democratic operation of the union. Despite this requirement, however, when females exceeded 30% of thetotal union population, the proportion of women in various positions showed to be 0-25% in 40-60% of all positions. It wasonly when the number of women in a union became the majorityof the entire union that women were adequately represented in decision-making units.

This study could not contain gender equality provisions in the questions on collective agreements which exceeds legal standards.
That is a limitation of this study and thus, further research is necessary. Despite such limitation, the findings of the survey are as follows. Mother-and-parent provisions are defined by law as the rights of the employees and obligations of employers. However,11.3~50.4% of cases showed that such provisions were not specified in collective agreements. Even if the rights and obligations are already specified in the law, including such provisions in collective agreements have the effect of forcing them to be effectively implemented through collective labor relations.
Therefore, common collective agreements include contents related to the Labor Standards Act and the Minimum Wage Act even though the contents have already been prescribed by law. In this context, the proportion of collective agreements that do not include mother-and-parent provisions show the position of theparenting agendas within collective labor relations. In addition,the fact that the proportion of 'None' for inclusion of thereduction of working hours during pregnancy and reduction of working hours for child care, both required by law, in collectiveagreements is high, shows that labor unions respond more passively to parenting agendas in comparison to other agendas.

The provisions on prohibiting gender discrimination show much lower collective agreement inclusion rates than even the parenting agenda. This shows that the gender equality agenda of laborunions focuses on parenting and is very passive in employment discrimination.

In seeking to achieve gender equality through collective labor relations laws, the issue of Korea's low union membership rate andproblems in applying collective agreements are essential points toconsider. Korea's union membership rate (10.7% in 2017) and collective agreement application rate (11.8% in 2015) are low in comparison to other OECD countries. Workers in unstable employment conditions or in small- and medium-sized enterprises are unorganized and therefore do not have access to enjoy the three primary labor rights. Women have "job characteristics quite different from men, and the problem of gender segregation by industry and occupation is serious." Therefore, policies supporting the enjoymentof three primary labor rights by non-regular workers and workers insmall and medium-sized enterprises are linked to the narrowing of the gender gap in the collective labor relations law.

Intra-enterprise unions can set and apply labor standards for different industries. Thus, such unions can have a significant effect of protecting non-regular workers and workers in unstable workingconditions and high turnover rates. However, since the simplification process is also applied to intra-enterprise unions, the process ishaving a negative effect on the enjoyment of the three primary labor rights by female workers who are mainly temporary workers or work in small and medium-sized enterprises. Therefore, the Union and Labor Act should be amended to exempt intraenterprise unions from participation in the bargaining windowunification process.

Under the current legislation, the subject of bargaining window unification is limited to 'a labor union either founded or joined by a worker in single business or workplace.' Thus, another alternative for amending the current Union and Labor Act would be to notinclude a intra-enterprise union as a subject for bargaining windowunification when the intra-enterprise union requests unified bargaining by industry to user enterprises.

Non-regular workers and unorganized workers at small and medium-sized enterprises are very vulnerable to access to the threeprimary labor rights. The Union and Labor Act does not provideregulations for the support of workers to join labor unions.
Meanwhile, the Act on Support for the Improvement in Labor- Management Relations (hereinafter referred to as the Labor Relations Development Act) focuses on supporting labor-management relations for workers who are already organized. If the Union and Labor Act or the Labor Relations Development Act newly establishes a basisfor supporting the groups not having adequate access to the three primary labor rights, unorganized female workers will be morelikely to be protected by collective labor relations laws. Kwon Hye-won, who conducted a survey on the actual conditions of non-regular women workers in Seoul, noted that, “non-regularwomen workers are alienated from collective bargaining and theopportunity to represent their interests through labor unions.
Despite various disadvantages and discrimination such as unfair layoffs and unpaid wages, they lack the organizational and institutional resources to cope with such injustices." She suggests that a center for non-regular women workers should be created to fill the current lack of an entity to champion the interests of non-regular women workers (Kwon Hye-won: 48-50, 2017). Her diagnosis and suggestion are in line with the findings of this study.
If the law is amended as follows, the amendment will act as thebasis for creating government projects and securing the necessary budget to support labor relations for vulnerable group workers.

(출처 : Abstract 182p)

목차 Contents

• 표지 ... 1
• 발간사 ... 4
• 연구요약 ... 6
• 목차 ... 16
• 표목차 ... 19
• 그림목차 ... 20
• Ⅰ. 서 론 ... 22
• 1. 연구의 필요성 및 목적 ... 24
• 2. 선행연구 동향 ... 28
• 3. 연구 내용 및 방법 ... 33
• 가. 연구 내용 ... 33
• 나. 연구방법 ... 34
• Ⅱ. 개별적 근로관계법 ... 38
• 1. 개별적 근로관계법의 의의 ... 40
• 2. 개별적 근로관계법의 성평등 이슈 ... 42
• 가. 근로기준법의 적용범위 ... 42
• 나. 근로시간 ... 46
• 다. 비정규직 ... 50
• 라. ‘여성보호’ 조항 ... 53
• 3. 성별 격차 현황과 원인 ... 54
• 가. 성별화된 장시간 노동 ... 54
• 나. (초)단시간 근로에의 여성집중 ... 56
• 다. 유연근로시간제 이용에서의 성별 격차 ... 57
• 라. 돌봄근로자의 호출형･0시간 계약 노동 ... 58
• 4. 개선 방안 ... 59
• 가. 근로시간단축청구권의 실효성 제고 ... 59
• 나. 초단시간 근로자 보호 ... 62
• 다. 0시간 계약 노동의 보호 ... 63
• Ⅲ. 집단적 노사관계법 ... 66
• 1. 집단적 노사관계법의 의의 ... 68
• 2. 집단적 노사관계법의 성평등 이슈 ... 69
• 가. 적용대상 ... 70
• 나. 차별금지 조항 ... 71
• 다. 초기업단위 노조의 창구단일화 의무 ... 74
• 라. 단체교섭 및 단체협약 ... 76
• 3. 성별 격차 현황과 원인 ... 78
• 가. 집단적 노사관계 내 성별 격차 실태조사 ... 78
• 나. 격차의 원인 ... 96
• 4. 개선 방안 ... 101
• 가. 입법적 개선의 필요성 ... 101
• 나. 성평등 교섭의 의무화 ... 102
• 다. 성평등 의제 관련 근로시간면제 추가 ... 114
• 라. 미조직 근로자의 근로3권 향유 지원 ... 116
• Ⅳ. 산업안전보건법 ... 120
• 1. 산업안전보건법의 의의 ... 122
• 2. 산업안전보건법의 성평등 이슈 ... 124
• 가. 적용대상 ... 124
• 나. 성별 차이의 미반영 ... 126
• 다. 성별 고정관념에 바탕한 재생산 건강 규정 ... 131
• 라. 산업안전보건 근로감독 ... 131
• 마. 여성의 대표성 ... 132
• 3. 성별 격차 현황과 원인 ... 133
• 가. 산재예방기본계획 ... 133
• 나. 사업주의 산업재해 예방 의무 ... 135
• 다. 적용제외 사업장 ... 137
• 라. 위험성 평가 제도 ... 140
• 4. 개선 방안 ... 141
• 가. 기본계획 근거 조항의 개선 ... 141
• 나. 성별 차이 고려 의무 규정 ... 142
• 다. 위험성 평가제도의 개선 ... 143
• 라. 근로감독관 집무규정의 개정 ... 145
• Ⅴ. 결 론 ... 146
• 참고문헌 ... 152
• 부록 ... 166
• 부록1. 노사관계 내 성평등 실태조사 ... 168
• 부록2. 프랑스의 성평등 단체협약 사례 ... 174
• Abstract ... 182
• 끝페이지 ... 194