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학술논문노동법학2025.03 발행

일의 세계에서의 가정폭력 피해자 보호를 위한 노동법적 과제

Labor law issues for the protection of domestic violence victims in the world of work

윤혜정(동국대학교); 김효정(한국여성정책연구원)

93호, 351~392쪽

초록

The ILO Convention No. 190 and Recommendation No. 209, adopted in 2019, have significant implications as they recognize the severe negative impact of domestic violence on the world of work and call for an international response. However, discussions on workplace violence and harassment in our society have primarily focused on power dynamics among workplace stakeholders or harm occurring within physical workspaces. As a result, there is a notable lack of research addressing the protection and response measures for workers experiencing domestic violence from a labor law perspective. This study aims to analyze the impact of domestic violence as gender-based violence on the world of work and explore labor law responses to protect affected workers through a review of the ILO conventions and foreign legal frameworks. To this end, the study examines the necessity of regulating domestic violence as a labor law issue and investigates labor law measures and challenges in preventing domestic violence in the workplace and protecting affected workers. The findings reveal that protections for workers affected by domestic violence in foreign contexts are primarily discussed through legislation, collective agreements, and workplace policies. Based on insights drawn from international cases, the study proposes three key labor law measures for protecting workers affected by domestic violence: establishing legal grounds to strengthen employer responsibility, encouraging active participation by labor unions and worker organizations, and developing workplace protection systems for affected employees. Each of these aspects is further examined in detail.

Abstract

The ILO Convention No. 190 and Recommendation No. 209, adopted in 2019, have significant implications as they recognize the severe negative impact of domestic violence on the world of work and call for an international response. However, discussions on workplace violence and harassment in our society have primarily focused on power dynamics among workplace stakeholders or harm occurring within physical workspaces. As a result, there is a notable lack of research addressing the protection and response measures for workers experiencing domestic violence from a labor law perspective. This study aims to analyze the impact of domestic violence as gender-based violence on the world of work and explore labor law responses to protect affected workers through a review of the ILO conventions and foreign legal frameworks. To this end, the study examines the necessity of regulating domestic violence as a labor law issue and investigates labor law measures and challenges in preventing domestic violence in the workplace and protecting affected workers. The findings reveal that protections for workers affected by domestic violence in foreign contexts are primarily discussed through legislation, collective agreements, and workplace policies. Based on insights drawn from international cases, the study proposes three key labor law measures for protecting workers affected by domestic violence: establishing legal grounds to strengthen employer responsibility, encouraging active participation by labor unions and worker organizations, and developing workplace protection systems for affected employees. Each of these aspects is further examined in detail.

발행기관:
한국노동법학회
분류:
노동법

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일의 세계에서의 가정폭력 피해자 보호를 위한 노동법적 과제 | 노동법학 2025 | AskLaw | 애스크로 AI