A Study on Fair Hiring Procedures
Authors:   Legal Research Institute of Chonnam National University, KIM Tae Hyun , SON Seok Jin 
Published: June 2023

Recruitment is a process whereby a job seeker (employer) seeks to establish an employment relationship with a job applicant (worker) while attempting to minimize future risks by thoroughly evaluating the job seeker. For a long time, recruitment has been considered an area of free management behavior for employers. However, according to the Constitution, job seekers are entitled to dignity and the pursuit of happiness (Article 10), equality and protection against discrimination (Article 11(1)), freedom to choose their occupation (Article 15), public service (Article 25), the right to work (Article 32), and the right to live as a human being (Article 34). The right to equality is a fundamental norm that has the nature of a natural right and is widely applied today not only in the relationship between the state and individuals but also in the relationship between individuals and individuals. Therefore, it should be applied not only in the recruitment of employees by the state or public organizations but also in the recruitment of employees by private companies. A 2019 survey by the Korea Institute of Labor Research found that blind recruitment promotes fairness and that job competency through blind recruitment is relatively high. It is essential for our society to ensure fair recruitment opportunities, as work enables workers to make a living and realize their potential. It is our challenge to secure fairness in recruitment while selecting talented individuals with excellent job skills, and society will develop in a positive direction. Consequently, the Act on Fairness in Recruitment Procedures has been amended to expand the use of blind recruitment. While the regulations under the ｢Fair Hiring Procedure Act｣ may raise concerns about infringement on the freedom of business or enterprise, the public purpose of the law justifies it, even if there is some restriction on business or enterprise freedom. As a society, we must continue to discuss improvements and complementary points regarding the introduction and activation of blind recruitment. In the meantime, fairness has become a hot topic, and companies have been incorporating artificial intelligence (AI) into their recruitment processes in recent years. For human resources teams, AI interviews are the best way to promote “fairness” and “objective evaluation” in hiring, in addition to saving time and money. However, AI is prone to bias and discrimination. This has resulted in various discussions and legislation in the United States and Europe to prevent bias in AI recruitment and promote fairness, transparency, and accountability. Employers who want to use AI recruitment must obtain the consent of job seekers in advance, explain how AI recruitment works to job seekers, and undergo an external audit of its fairness. As legal liability, fairness, and privacy will likely become issues in Korea due to AI recruitment in the future, it is necessary to revise the ｢Fair Hiring Procedure Act｣ by referring to legislative examples and actual cases in the United States and Europe to prepare for this.