직장내 성희롱에 대한 결정 등의 성격 및 성희롱의 적용범위

In Korea, sexual harassment has attracted public attention at Ms. Woo, professor’s assistant lecture, case in 1993. In case, the Supreme Court regarded sexual harassment as an art of tort, as defined by art. 750 Civil Law. But sexual harassment is regarded as an art of discrimination based on gender after Gender Discrimination Prohibit and Relief Act was enacted in 1999. This act prescribed “sexual harassment is sex discrimination” at art. 7 sec 4. But this act was abolished in 06.2005 and after that time, the National Human Rights Commission(NHRC) is responsible for the legal control of sexual harassment instead of the Minister of Gender Equality(MOGE). National Human Rights Commission Act(NHRCA) prescribe sexual harassment is an art of ‘discriminatory act violating the right to equality’ at art. 2 sec. 3 (d) and “the term ”sexual harassment“ means a sexually-suggestive comment or act made by employers or employees of public institutions that causes the sense of sexually-related humiliation or degradation in business, employment or other relations in or outside the workplace ; or sexual conduct initiated by supervisory employers or employees of public institutions that results in disadvantage in employment or business by reasons of refusal to respond to such sexually-suggestive language, act or demand” at art. 2 sec. 3 (d). But there are many opinions about what ‘sexually-suggestive comment or act’ is. Sexual harassment is different with sexual violence or the others sexual violating acts in criminal law or criminology etc. Because it started from the Labor Law theme of work surroundings and employment relations. Therefore it does not mean that all sexual comments or acts are controlled by NHRCA. In this paper I want to examine about character of the ruling and treatment of the National Human Rights Commission(and MOGE) about sexual harassment. And I will analyze real cases of NHRCA(and MOGE) hold before now to know the limit of application of sexual harassment in comparison with rulings of NHRCA(and MOGE) and decisions of Court.