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학술논문노동법포럼2018.11 발행KCI 피인용 17

'직장 내 괴롭힘' 관련 개정법(안)에 대한 평가와 향후의 과제

Crafting a Legislative Response to Workplace Harassment

권오성(성신여자대학교)

25호, 1~30쪽

초록

Since 2013, various legislative proposals related to "Workplace Harassment" have been submitted to the National Assembly in Korea, but they have not yet reached actual legislation. In this situation, the Environment and Labor Committee of the National Assembly voted on three revised laws (proposal) related directly or indirectly to "Workplace Harassment" on September 12, 2018. This is a significant step toward legislation that directly targets 'Workplace Harassment'. However, this revised laws (proposal) are insufficient to be a sufficient means of responding to workplace harassment. The problem of "workplace harassment" should be approached basically from the viewpoint of prevention and remedy from the infringement of workers' personal rights in the process of working relations. Therefore, in the implementation of the legislation on "workplace harassment", a detailed legislation would be necessary to ensure that policy measures in terms of protection of workers' personal rights are consistent and functional. It could include ex ante and ex post remedy such as civil remedy and criminal remedy and administrative supervision about workplace harassment.

Abstract

Since 2013, various legislative proposals related to "Workplace Harassment" have been submitted to the National Assembly in Korea, but they have not yet reached actual legislation. In this situation, the Environment and Labor Committee of the National Assembly voted on three revised laws (proposal) related directly or indirectly to "Workplace Harassment" on September 12, 2018. This is a significant step toward legislation that directly targets 'Workplace Harassment'. However, this revised laws (proposal) are insufficient to be a sufficient means of responding to workplace harassment. The problem of "workplace harassment" should be approached basically from the viewpoint of prevention and remedy from the infringement of workers' personal rights in the process of working relations. Therefore, in the implementation of the legislation on "workplace harassment", a detailed legislation would be necessary to ensure that policy measures in terms of protection of workers' personal rights are consistent and functional. It could include ex ante and ex post remedy such as civil remedy and criminal remedy and administrative supervision about workplace harassment.

발행기관:
노동법이론실무학회
DOI:
http://dx.doi.org/10.46329/LLF.2018.11.25.93
분류:
법학

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'직장 내 괴롭힘' 관련 개정법(안)에 대한 평가와 향후의 과제 | 노동법포럼 2018 | AskLaw | 애스크로 AI