일터 괴롭힘, ILO 협약과 국내 법규의 통합적 규율

The violence and harassment of the ILO No. 190 convention adopted in 2019 includes ‘gender-based violence and harassment’, and basically takes a ‘integrated approach’. The ILO Convention extends the protection of violence and harassment to ‘everyone in the world of work’, and the law-compliance obligator is also defined as ‘all actors in the world of work’. That is, the personal scope is not limited to traditional workers and employers. Meanwhile, Korea’s workplace harassment(including sexual harassment) regulations take a ‘separate approach’. Three legislations(the Labor Standards Act, the Gender Equality Act, and the Occupational Safety and Health Act) regulate four types of acts; harassment at work, sexual harassment at work, sexual harassment by customers, and harassment by customers. These legislations limit the protection target to employees under the Labor Standards Act, and the law-compliance obligator is also limited to employers and employees in the same business, which is a problem. Workplace harassment violates the right of personality and labor environment of the working people. The right to be free from workplace harassment should be recognized as the universal right of all working people. The regulations on workplace harassment need to be separated from three legislations and integrated into a separate single legislation, expanding the protected person and the law-compliance obligator. There are also differences in preventive and protective measures for each act of workplace harassment, so it is necessary to prepare balanced and integrated preventive and protective measures.