불리한 처우금지와 사용자의 책임 확대

Attempts have begun to protect the human rights of workers at work and create a harmonious workplace culture by introducing a ban on workplace harassment, but workplace harassment problems are still appearing so frequently on social news. The role of assistants such as colleagues who help victims in the organization is very important in revealing and reporting bullying problems at work and proving the actual relationship. If there is a risk of disadvantage by helping victims, colleagues around them will not readily be able to provide mental support, cooperation, favorable eyewitness statements, or support for collecting evidence. However, those subject to the prohibition of unfavorable treatment under Article 76-3 (6) of the Labor Standards Act are stipulated as “workers and victims who reported bullying at work,” so it is unclear whether the employer can be considered to have violated the above regulations. Since no details of unfavorable treatment are stipulated, it is ambiguous about which are unfavorable treatment, and the subject of the prohibition of unfavorable claims is limited to users, so it cannot be regulated by the above regulations. In addition, as long as the existence of unfavorable treatment for workers is recognized, a legal basis should be established for the employer to prove that the unfavorable treatment of the affected workers is not related to workplace harassment or has justifiable reasons. Therefore, in this study, in connection with the existing cases of compensation for damages due to illegal acts against sexual harassment, we looked at ways to improve particularly the provisions of the prohibition of disadvantageous treatmentamong workplace harassment regulations.