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미국의 고용상 연령차별금지법제

미국의 고용상 연령차별금지법제

Material type
단행본
Personal Author
김지영, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
미국의 고용상 연령차별금지법제 / 헌법재판소 헌법재판연구원 [편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
iii, 81 p. ; 26 cm
Series Statement
비교헌법연구 ;2016-B-2
General Note
연구책임: 김지영  
Bibliography, Etc. Note
참고문헌: p. 77-81
000 00000nam c2200205 c 4500
001 000045864663
005 20160420132918
007 ta
008 160310s2016 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000092-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2016.B.2
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 미국의 고용상 연령차별금지법제 / ▼d 헌법재판소 헌법재판연구원 [편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a iii, 81 p. ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2016-B-2
500 ▼a 연구책임: 김지영
504 ▼a 참고문헌: p. 77-81
700 1 ▼a 김지영, ▼e 연구책임
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.2 Accession No. 111752841 Availability Available Due Date Make a Reservation Service B M
No. 2 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2016.B.2 Accession No. 111752842 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 의의 및 필요성 ······················································································· 1
2. 연구의 범위 및 구성 ··························································································· 3
Ⅱ. 연령차별의 개념과 영역 / 5
1. 연령차별의 특성 및 개념 ··················································································· 5
가. 연령의 특수성 ······························································································· 5
나. 차별의 개념 및 유형 ···················································································· 6
(1) 직접차별 ·································································································· 7
(2) 간접차별 ·································································································· 7
다. 연령차별의 개념 ·························································································· 10
라. 연령차별의 특징 ·························································································· 11
2. 연령제한이 발생하는 영역과 연령차별금지에 관한 법제 ···························· 12
Ⅲ. 미국 헌법상 연령차별 논의 / 17
1. 연령차별금지에 관한 헌법적 근거 ·································································· 17
2. 헌법상 평등보호원칙 위반 여부에 관한 미연방대법원 판례 ······················ 17
가. 정년규정에 대한 미 연방대법원의 평등심사 ·········································· 18
(1) 주경찰 정년을 50세로 정한 법률의 위헌 여부 ································ 18
(2) 연방 외무직공무원 정년 규정의 위헌 여부 ······································ 20
(3) 주법원 법관의 정년을 정한 주헌법조항의 연방헌법 위배 여부 ···· 24
나. 연령차별에 대한 헌법적 논의의 쇠퇴 ······················································ 26
3. 연령차별에 관한 위헌심사기준 ········································································ 27
가. 미연방대법원의 심사기준 및 근거 ··························································· 27
나. 심사기준 강화에 대한 논의 ······································································· 29
다. 검토 및 전망 ······························································································· 32
Ⅳ. 고용상 연령차별금지법(ADEA)의 내용과 실제 / 38
1. 서설 ····················································································································· 38
2. 고용상 연령차별금지법(ADEA) 도입의 시대적 배경 ···································· 38
3. 주요 내용 ············································································································ 40
가. 입법배경 및 목적 ························································································ 40
나. 보호대상 ······································································································· 41
다. 적용대상 및 금지행위 ················································································ 43
라. 연령차별의 예외적 허용 ············································································ 44
(1) 진정 직업자격(bona fide occupational qualification) ··························· 45
(2) 연령 이외에 합리적 요인(reasonable factor other than age) ············· 45
(3) 해외사업장 현지법 저촉 ······································································ 46
(4) 진정 선임권제도(bona fide seniority) ·················································· 46
(5) 진정 근로자급부제도(bona fide employee benefit plan) ···················· 47
(6) 정당한 사유에 기한 해고․징계 ························································· 48
마. 금지되는 차별유형 ······················································································ 48
바. 차별 구제 ····································································································· 49
(1) 구제절차 ································································································· 49
(2) 구제내용 ································································································· 50
4. 고용상 연령차별금지법(ADEA) 해석에 관한 미연방대법원 판례 ··············· 51
가. 보호대상간 차별 ·························································································· 51
나. 의도적인 차별대우(직접차별) ···································································· 52
다. 차별적 영향(간접차별) ················································································ 53
5. 검토 및 정리 ······································································································ 57
Ⅴ. 결 론 / 65
❚참고문헌 ······················································································································· 77

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