공공기관과 사기업의 고용차별금지에 관한 규제 순응도 분석

A Regulation Compliance Analysis of Employment Discrimination Standards in the Public and Private Sectors

This paper examines regulatory compliance to codes of employment discrimination in the public and private sectors and seeks multiple compliance-friendly policies to better cope with the present reality. We have reviewed regulatory compliance in the three categories of regulatory observance, regulatory recognition, and regulatory validity in task allocation, promotion and retirement. The findings of this research show that both the public and private sectors demonstrate high standards in regulatory observance, while they have low standards of regulatory recognition and regulatory validity in the prohibition of employment discrimination. This fact suggests both sectors are in need of non-voluntary compliance as substantive compliance is not equivalent to rule compliance in the area of the prohibition of gender-based employment discrimination. This study also reveals that there are greater inequalities in job-segregation by gender in the private sector and in task allocation and promotion in the public sector. Three compliance-friendly policies are proposed for both the public and private sectors as possible solutions to these problems: (1) the low regulatory compliance provisions become connected with personnel policy; (2) more empowerment and responsibility be given to public service personnel and the Ministry of Gender Equality; (3) further gender awareness training be provided to pubic and private personnel to diminish the discordance between regulatory observance and regulatory validity. It is imperative to transcend superficial observance, and ensure compliance in accordance with the spirit and purpose of the law in order to reduce gender-based discrimination in employment and the work place.