직장에서의 괴롭힘 관련 법규에 대한 해석론과 실무상 쟁점

The Labor Standards Act and the Industrial Disaster Compensation Insurance Act were enacted on July 16, 2019 to regulate the issue of Workplace Harassment. It is very significant in terms of Korea's first legislation on the issue of Workplace Harassment. However, there is a limit because it is difficult to regulate the harassment like that occur among the parties who do not have a labor contract relationship. For accurate interpretation of the relevant provisions of the Labor Standards Act, appropriateness such as “superiority of status or relationship”, “business appropriate range”, “physical and mental distress”, and “action to deteriorate the work environment”, to establish a good interpretation theory is very important. Regarding the Industrial Safety and Health Law, there are debates as to whether injuries or illnesses caused by workplace harassment are included in occupational accidents, and whether it is possible to stop the work(suspension of work) due to workplace harassment. There are also discussed whether recognized the obligation of workplace harassment prevention education. It seems that the substantive meaning is insufficient even if it is permitted to discontinue work under the current legal system. Finally, new legislation is desirable. It is desirable to establish an enforcement law that can comprehensively regulate the harassment. And, the Employment and Labor Department's manual also needs to be supplemented to ensure that the system is established and operated.