근로자의 인격권 보호 관련 인사관리 실무상 쟁점 —직장 내 성희롱⋅괴롭힘을 중심으로—

This paper examines corporate human resource management for the protection of personality rights, focusing specifically on workplace sexual harassment and bullying issues. The analysis is structured around five key areas: ① an overview of the personnel management system for the protection of personality rights, ② protection of personality rights in recruitment management, ③ protection of personality rights through the exercise of personnel right, ④ protection of personality rights in the termination of employment relationships, and ⑤ ensuring the effectiveness of education and strengthening grievance handling functions. The issue of personality rights violations should not be limited to individual conflicts between parties but rather viewed from the perspective of the organization's human resource management system. This is because, when issues of workplace sexual harassment and bullying—acts that violate personality rights within a company—arise, the law not only prohibits disadvantageous measures across the entire personnel management spectrum (such as in education, promotion, compensation, and retirement) to protect the victim, but it also requires personnel actions like transfers, disciplinary measures, and dismissal for the perpetrator. Therefore, companies must identify elements of personality rights violations at each stage, from recruitment to retirement (preventive measures), and establish mechanisms to protect the employee's personality rights through the proper exercise of personnel authority in response to problematic behavior (reactive measures). At this time, whether disciplinary actions against the perpetrator and personnel orders concerning the victim constitute prohibited disadvantageous treatment under the law is a crucial issue related to the legitimacy of the exercise of personnel authority.