성희롱책임과 보험담보에 대한 연구

Social knowledge and interests on sexual harassment liability has increased since the court decisions in Korea. The sexual harassment liability began in the U.S.A in 1976 with the court decisions. And it also began in Korea in 1993 with the supreme court decision. The sexual harassment liability mostly occurred in employments. Its legal theories are based on the civil rights of equal employment opportunity between man and woman. But sexual harassment liability is based on breach of contract liability, tort liability or employer's liability. In particular employer's liability is the key to the insurance coverage of sexual harassment. There are three types of sexual harassment liability. There is no single insurance policy covering the sexual harassment liability. The employment practices liability insurance covering the sexual harassment liability risks with other risks in the employment such as wrongful termination, wrongful job transfer and other discriminations by reason of race, nationality, gender and age. Nowadays in the U.S.A. there are many sexual harassment coverage disputes in the C.G.L., D&O and W/C and E/L insurance. We may have the same situations because our country's above-mentioned policies are based on the wordings of the U.S.A. So the analysis and interpretation for these issues are also needed for preventing and solving sexual harassment liability insurance coverage disputes.