직장 내 성희롱 피해와 사용자책임

Since 1993, when the issue of sexual harassment in the workplace was first raised, the revision of the related laws and the improvement of the system have been steadily achieved. Compared to the past, it is clear that sexual harassment in the workplace is an illegal act resulting from violation of various rights of workers such as sexual humiliation, disgust, disadvantage of employment, deterioration of employment environment, gender discrimination. Nevertheless, employers who play the most important role in the prevention of sexual harassment within the workplace are only imposing formal duties of 'at least one or more preventive education a year'. However, it is doubtful whether it can guarantee effectiveness in terms of preventive and remedial measures for sexual harassment in the workplace, because it is not legally binding, and it is also weak in imposing penalties for non-compliance with education. On the other hand, United States, sexual harassment is stipulated by sexual difference, and it is very specific and strictly stipulated about the duty of the employers to prevent sexual harassment and the action to be taken in case of injury. The reason for strengthening employers liabilities is that employers are the main responsibility for sexual harassment in the workplace and the obligation to provide safe and pleasant working environment to workers by recognizing the seriousness of illegal sexual harassment. In addition, the punitive damages system, which is primarily aimed at prevention, has been suggested as a way of strengthening employers liability. The introduction of the punitive damages system and its application and interpretation in concrete situations should be continued, it can be a practical and effective way to solve the problem of deliberate and malicious illegal act in various aspects such as advanced prevention, post-relief, further compliance with law, and social compensation.