감정노동자에 대한 고객의 괴롭힘 ― 고객의 의무와 책임을 중심으로 ―

Emotional Work refers to the labour which involves controlling emotions as a job requirement in the process of responding to the customers. Emotional workers are constantly exposed to the risks such as abusive languages and assaults by the customers while they are performing their jobs to earn their living. This is ‘new risks’ for the health and safety of workers, different from the risks of traditional labour processes. Here, ‘new’ means not that these are new phenomena, but that these are newly perceived or noted risks. While the traditional risks in labour are physical health infringements by physical facilities such as machinery and equipment, customer harassment of emotional workers is a human risk and it primarily harms mental health. This feature makes the legal regulation around emotional work difficult, and our labour law does not have sufficient regulating systems on that. Harassment by the customers infringes personal rights and labour rights of emotional workers. specifically, labour personality rights based on Article 10 of the Constitution (personality rights in labour) and working environmental rights based on Article 32 of the Constitution (right to work in a safe and pleasant working environment). In accordance with the Effect of Fundamental Rights to the Privates, the employers and third parties as well as the state bear the obligation to respect and protect the rights of emotional workers. In order to protect emotional workers, primarily employer's duty and liability are important. However, it is the customer who directly harass the emotional workers. Therefore, in order to prevent customer harassment properly, the customer must also be subject to certain duties and liabilities. Because the labour rights of an employee may be infringed by a third party other than the employer. Particularly for emotional workers, harassment by the third parties as customers is a problem. However, as labour law regulates employer-employee relation based on the contract, it fails to adequately regulate the third parties outside the contractual relationship. Therefore Customers' liability should be assessed within a paradigm of the employer-employee-customer triangular relationship (service-triangle), beyond the binary relationship of ‘employer-employee’. In case of the service industry, customers' domination over the labour process of the employee is consolidated.