직장 내 괴롭힘 사업장 내 조치 의무 위반의 판단과 실무상 쟁점

Under Article 76-3 of the Labor Standards Act, employers are obligated to take action when workplace bullying occurs. The duties assigned to the employer and investigators are outlined in each stage of the process, from the beginning of the event until the final results of the investigation. If these duties are violated, fines and other penalties may be imposed. However, the legal provisions are quite simplistic considering their direct impact on the affected employee, leading to difficulties in interpretation and application. This paper examines the content of the duties of action under Article 76-3, paragraphs 2 through 7 of the Labor Standards Act, and reviews lower court rulings that involved legal disputes surrounding these duties. The paper also explores the standards for interpreting violations of these duties, summarizing the portions of the law that can be interpreted and the standards for violations derived from current case law. Additionally, it proposes a refined interpretation of paragraph 3, regarding "protective measures during the investigation," and paragraph 6, concerning the "prohibition of unfavorable treatment of the victimized employee." The duty in paragraph 3 aims to prevent further bullying and ensure the procedural rights of employees during the investigation and handling of workplace bullying. This duty should be implemented in accordance with such scope and purpose. In paragraph 6, the Supreme Court's interpretation in sexual harassment cases can be applied to the prohibition of unfavorable treatment, and it is necessary to interpret the phrase "victimized employees, etc." broadly, and consider the subjective intention of the victimized employee in order to reflect the characteristics of workplace bullying regulations. Through the development of discussions on the duty of action in the workplace, practical confusion can be reduced, and procedural progress based on trust can be established.