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학술논문노동법학2019.03 발행KCI 피인용 25

직장 내 괴롭힘의 법적 개념과 요건

Legal definition and requirement of work-related harassment

신권철(서울시립대학교)

69호, 217~251쪽

초록

In 2019, Korea enacted labor law regulations on “prevention of work-related harassment”. The preventing system against work-related harassment plays the role that gives the workers who may be victims of harassment a right to be heard in the workplace community. Although employment contracts is based on consent In the world of work, we need to recognize that labor relations are the world of self-governing and subordination. Employees' expressions and emotions are forced in the labor relations and employees accept the forced conditions it in complete silence. There is nothing that can be called a right to enjoy the labor in a working world without escape. the ‘Anti-Bullying Act at Workplace’ provides an opportunity to speak as a escape in the workplace. In the process of resolution of harassment in workplace, the victim worker have a right to get his/her chance to be heard and the employer have an obligation of listening to his/her voice. All the words and actions of employers and employees in the workplace are to be screened by the Act. All the words and actions in the workplace are filtered through a special criterion called work-related harassment. The Act require self-restraint and respect for the other employee at the workplace. The workplace without harassment is now extended from the physical to the mental. It is also the labor law's response to the transformation of the capital's interest into the suffering of mind not body. In this article, we can see why the ‘Anti-Bullying Act at Workplace’ has penetrated into the workplace which is controlled by employers, what the meaning and significance of anti-harassment at workplace is.

Abstract

In 2019, Korea enacted labor law regulations on “prevention of work-related harassment”. The preventing system against work-related harassment plays the role that gives the workers who may be victims of harassment a right to be heard in the workplace community. Although employment contracts is based on consent In the world of work, we need to recognize that labor relations are the world of self-governing and subordination. Employees' expressions and emotions are forced in the labor relations and employees accept the forced conditions it in complete silence. There is nothing that can be called a right to enjoy the labor in a working world without escape. the ‘Anti-Bullying Act at Workplace’ provides an opportunity to speak as a escape in the workplace. In the process of resolution of harassment in workplace, the victim worker have a right to get his/her chance to be heard and the employer have an obligation of listening to his/her voice. All the words and actions of employers and employees in the workplace are to be screened by the Act. All the words and actions in the workplace are filtered through a special criterion called work-related harassment. The Act require self-restraint and respect for the other employee at the workplace. The workplace without harassment is now extended from the physical to the mental. It is also the labor law's response to the transformation of the capital's interest into the suffering of mind not body. In this article, we can see why the ‘Anti-Bullying Act at Workplace’ has penetrated into the workplace which is controlled by employers, what the meaning and significance of anti-harassment at workplace is.

발행기관:
한국노동법학회
분류:
노동법

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