직장 내 성희롱법리에 대한 소고 - 성의 정형화와 관련한 성희롱 인정범위의 확대 및 전담부서 설치필요성 제안 -

‘Sexual Harassment On the Job’ was first enacted and regulated in Korea by the revision of the 「Equal Employment Law」(the current 「Equal Employment Opportunity and Work-Family Balance Assistance Act」) of 1999. According to the Law, the term "sexual harassment on the job" means that an employer, a superior or a worker causes another worker to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in employment on account of disregard for sexual words or actions or any other demands, etc. As for ‘sexual words or actions’ or ‘any other demands’, we tend to interpret sexual words or actions or any other demands are the tools the actor wants to use, for the purpose of being sexually engaged with the victim. However, to prove a sexual harassment, the purpose of the actor is not necessarily required. The EEOC(Equal Employment Opportunity Commission of the U.S.A.) Guideline makes it clear that the actor’s sexual purpose is not needed to establish a sexual harassment case. According to the Guideline, ‘Sexual Stereotyping’, which has become an important cause of sexual discrimination since Price Waterhouse v. Hopkins (400 U.S. 228, 1989), is also an important factor of sexual harassment. In the same line, we need to broaden the scope of sexual harassment in terms of sexual stereotyping words or actions or any other demands without proper job relevance, which cause the victim to feel sexually humiliated or repulsed. In addition to that, I would like to suggest make a department in charge of the ‘sexual harassment on the job’ related matters both within work places over certain number of employees, and the Labor Relations Commission of the government, which is composed of experts in the area of both labor law and sexual harassment.