여성의 복지 증진을 위한 헌법적 연구 = A CONSTITUTIONAL STUDY FOR PROMOTING WELFARE OF WOMEN

다국어 초록 (Multilingual Abstract)

The Constitution that considers assimilative incorporation of society as the ultimate value regulates as follows: Article 10. Human Worth and Dignity, Article 11. Equal Right, Section 4, Article 32. Prohibition for Sexual Discrimination and Section 3, Article 4, Respect for Women Welfare and Right. Reflecting such consitutional mind, it contains realization of women equal rights in Equal Employment Opportunity and Work-Family Balance Assistance, Framework on Women's Development, Prohibition and Remedy for Sexual Discrimination and Labor Standards and Labor Standards.

However, as roles of men and women have been divided and fixed due to our patriarchal system for such a long time, women were subordinated to men. They have been forced to be superwomen both in caring children and housework and working, and had lower quality of life because of overwork so that their abilities could not be exercised completely at work and they had to choose one of them.
In particular, Korean womem's welfare falls behind the standards of OECD member countries. According to the Human Development Report presented by UNDP, Korea's status is stagnant or lowering. For labor force participation rate based on distinction of sex, 48-50% of women participate in labor fore in our country while 75% of men participate in labor force. In addition, most of the former work in part time, which can not be explained through educational background or career. In spite of their higher educational background, many women are engaged in part-time job, leave labor market voluntarily or involuntarily because of pregnancy and nurturing babies, and reemployed to lower position. They suffer from discrimination in employment and wages, and sexual harassment, which are in conflict with the Constitution.

As the formula of “Men work outside and Women work inside” is still maintained, women have to have fourfold roles of mother, wife, housewife and worker, which causes continual conflicts in identity of their roles. Pregnancy and childbirth which are physiological nature of women are considered as personal matter by office, resulting in frequent damages to work and health rights of women.

Therefore, this study aims to encourage accomplishment of human respect and value through realization of equal rights by mobilizing all the policies and facilitate equal and harmonious status for social incorporation.

Through legislature cases of foreign countries, this study searches for directions of welfare realization(Chapter 3), reviews the Constitution, Framework on Women's Development, Equal Employment Opportunity and Work-Family Balance Assistance and Labor Standards critically, tries to discover directions for equal right and welfare realization (Clause 1 and 2, Article 4), identifies the status of Korean women welfare and suggests political suggestions which meet the Constitutional intent (Clause 4 and 4, Article 4).

This study suggest education of human rights and cooperation among members along with a series of measures to improve unequal welfare of women.

Controversies on equal right of women are getting intense as they have been discriminated and as long as structural problems are not resolved, it is very difficult to resolve it. Therefore, it should be dealt with in longitudinal and macro point of view and assimilative incorporation of society should be facilitated through realization of human respect.

목차 (Table of Contents)

• ABSTRACT
• 第1章 序論 1
• 第1節 硏究의 目的 1
• 第2節 硏究의 範圍와 方法 4
• 1. 연구의 범위 4
• 2. 연구의 방법 5
• 第2章 女性의 福祉 增進에 관한 一般論的 考察 6
• 第1節 女性福祉에 관한 一般的 考察 6
• 1. 여성복지의 의의 6
• 2. 여성복지의 대상 7
• 3. 여성복지정책의 패러다임 변화 8
• 第2節 女性福祉에 관한 國際的 動向 10
• 第3節 女性福祉增進을 위한 積極的 平等實現措置의 理論的 根據 17
• 1. 적극적 평등실현조치의 의의 17
• 2. 적극적 평등실현조치의 헌법적 정당성 18
• 3. 적극적 평등실현조치에 관한 논쟁 21
• 4. 성별에 기초한 적극적 평등실현조치의 사법심사기준 22
• 第3章 女性의 福祉 增進과 關聯한 比較法的 考察 25
• 第1節 유럽 25
• 1. 노르웨이 25
• 2. 스웨덴 29
• 3. 덴마크 36
• 4. 프랑스 41
• 5. 독일 50
• 第2節 英․美 55
• 1. 영국 55
• 2. 미국 61
• 第3節 日本 70
• 第4章 女性 福祉의 現況과 批判的 檢討 76
• 第1節 韓國 勤勞領域에서의 女性福祉 實態 76
• 1. UNDP의 ‘인간개발보고서’를 통해 본 한국 여성의 지위 76
• 2. 여성의 낮은 경제활동참가율 80
• 3. 여성근로자에 대한 고용상 성차별 84
• 4. 인격적 모독의 성희롱 94
• 5. 일․가정 양립에 따른 과노동 및 모성보호의 미비 96
• 第2節 現行法制에 現況과 問題點 100
• 1. 헌법 100
• 2. 여성발전기본법 106
• 3. 남녀고용평등과 일․가정 양립 지원에 관한 법률 111
• 4. 근로기준법 119
• 5. 경력단절여성등의 경제활동 촉진법 124
• 第3節 韓國에서의 女性 福祉의 增進을 위한 提言 127
• 第1. 規範的 側面에서의 提言 127
• 1. 근로영역에서의 성평등 실현 127
• 2. 모성보호의 강화 136
• 3. 일․가정 양립 지원 측면 138
• 第2. 政策的 側面에서의 提言 146
• 1. 다문화가정의 이중언어교육 146
• 2. 여성 입법․정책가 증원 148
• 3. 근본적 해결을 위한 초․중․고등학교 인권교육 150
• 第5章 結論 151
• 第1節 論議의 整理 151
• 第2節 政策的 提案 153
• 參考文獻 158