여성의 복지 증진을 위한 헌법적 연구

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.