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학술논문노동법학2010.06 발행KCI 피인용 18

성희롱의 방지에 관한 사용자의 법적 책임

Employer's Legal Liability on the Prevention of Sexual Harassment

김엘림(한국방송통신대학교)

34호, 185~222쪽

초록

This paper is to study legal provisions and court's decisions relating employer's liability on sexual harassment and to find out effective ways for employers to take in order to prevent sexual harassment. The final objective of this paper is to contribute in creating harassment-free working environment to realize of worker's human rights and to prevent detrimental effect of sexual harrassment against employees and employers through the development laws & court's decisions on sexual harassment. This paper firstly found out insufficiency of concreteness and ineffectiveness in current legal provisions through comparative study with Guidelines of, EEOC and Japanese Guidelines. Then, it researched on court cases of three types. ; cases on employer's liability in compensation for damages by employee's sexual harassment, cases on employer's disciplinary measure against sexual-harassment-doers, cases on the recommendation of National Human Rights Committee. As a conclusion, this paper suggests that in order to specify employer's liability to prevent sexual harassment and implement it effectively, Korea needs to modify sexual harassment related laws and enact certain regulations and directives, and to improve sanctions on employer's misconduct, preventive education on sexual harassment and grievance systems in working places.

Abstract

This paper is to study legal provisions and court's decisions relating employer's liability on sexual harassment and to find out effective ways for employers to take in order to prevent sexual harassment. The final objective of this paper is to contribute in creating harassment-free working environment to realize of worker's human rights and to prevent detrimental effect of sexual harrassment against employees and employers through the development laws & court's decisions on sexual harassment. This paper firstly found out insufficiency of concreteness and ineffectiveness in current legal provisions through comparative study with Guidelines of, EEOC and Japanese Guidelines. Then, it researched on court cases of three types. ; cases on employer's liability in compensation for damages by employee's sexual harassment, cases on employer's disciplinary measure against sexual-harassment-doers, cases on the recommendation of National Human Rights Committee. As a conclusion, this paper suggests that in order to specify employer's liability to prevent sexual harassment and implement it effectively, Korea needs to modify sexual harassment related laws and enact certain regulations and directives, and to improve sanctions on employer's misconduct, preventive education on sexual harassment and grievance systems in working places.

발행기관:
한국노동법학회
분류:
노동법

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성희롱의 방지에 관한 사용자의 법적 책임 | 노동법학 2010 | AskLaw | 애스크로 AI