호스피탈리티 기업 성희롱 판례에 나타난 법적쟁점의 비교 문화적 분석

This paper discussed the legal issues on sexual harassment cases dealt by both Korean Courts and United States Courts from the comparative perspective. The legal issues include the reasonable standard for defining a sexually harassing behavior, the scope of an employer's vicarious liability, and the basic constituents of hostile work environments. The landmark case, so-called Hotel Lotte case in Korea was presented while Rene v. MGM Hotel and Nichols v. Azteca Restaurant Enterprises, Inc. cases were discussed in U.S. hospitality industry. In particular, the issue of same sex harassment was evaluated in terms of legal contradiction between prohibited sexual harassment and unprotected sexual orientation discrimination. The traditional culture models were presented to draw the rough comparisons of viewpoints regarding the perception and handling of sexual harassment. A couple of cultural factors were evaluated in the context of both defining and reporting sexually harassing behaviors at the workplace. More strict standard of "reasonable woman" should be applied to the question of what constitutes sexual harassment rather than "reasonable person" in Korea. Further researches on understanding cross-cultural factors of sexual harassment in the workplace will also be recommended to deal with new trends of both legal and cultural issues about sexual harassment.