직장 내 괴롭힘에 대한 법적 쟁점 분석을 통한 대응방안 모색

In accordance with the need for regulating harassment in the workplace, the government of Korea announced in July 2018 measures to eradicate harassment in the workplace. As well, the so-called “harassment prevention law at work” -- centering on the “Labour Standards Act”, the “Industrial Safety and Health Act”, and the “Industrial Accident Compensation Insurance Act” -- was proclaimed on January 15, 2019 and will come into force on July 16, 2019. These amendments are very meaningful to regulate the protection of employees’ and/or workers’ human rights, personality rights, and rights of health in the labour law, and to define employers’ duty in employment policy. Despite their significance, these amendments are largely based on the definition and prohibition of harassment in the workplace and the obligation of the employer for follow-up actions (as provided in the Labour Standards Act), the preventive measures obligation (i.e., the employer’s duty under the employment policy in the Labour Standards Act and the responsibility of the government in the Industrial Accident Compensation Insurance Act) and remedies for industrial accidents (as provided in the Industrial Accident Compensation Insurance Act). However, those amendments do not fully cover the employees and/or workers. They also do not bring in enough preventive actions and follow-up actions. Moreover, people are often harassed because of their characteristics (e.g., gender, disability, age, race, etc.), but the legal criteria provided in the Labour Standards Act apply only when the type of harassment exceeds reasonable limits. In this regard, I critically examine the amendments to the Labor Standards Act and the Industrial Safety and Health Act, and suggest countermeasures to introduce human rights legal system from a long-term perspective.