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초록

영어

The Labor Standards Act and the Industrial Disaster Compensation Insurance Act were enacted on July 16, 2019 to regulate the issue of Workplace Harassment. It is very significant in terms of Korea's first legislation on the issue of Workplace Harassment. However, there is a limit because it is difficult to regulate the harassment like that occur among the parties who do not have a labor contract relationship. For accurate interpretation of the relevant provisions of the Labor Standards Act, appropriateness such as “superiority of status or relationship”, “business appropriate range”, “physical and mental distress”, and “action to deteriorate the work environment”, to establish a good interpretation theory is very important. Regarding the Industrial Safety and Health Law, there are debates as to whether injuries or illnesses caused by workplace harassment are included in occupational accidents, and whether it is possible to stop the work(suspension of work) due to workplace harassment. There are also discussed whether recognized the obligation of workplace harassment prevention education. It seems that the substantive meaning is insufficient even if it is permitted to discontinue work under the current legal system. Finally, new legislation is desirable. It is desirable to establish an enforcement law that can comprehensively regulate the harassment. And, the Employment and Labor Department's manual also needs to be supplemented to ensure that the system is established and operated.

목차

Ⅰ. 직장에서의 괴롭힘에 관한 우리나라의 법상황
Ⅱ. 2019년 1월 15일 개정법의 주요 내용과 해석상 쟁점
Ⅲ. 제도의 정착을 위한 제언과 개선 방향
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키워드

직장 내 괴롭힘 괴롭힘 작업중지권 지위 또는 관계의 우위 업 무상 적정 범위 신체적 정신적 고통 근무환경을 악화시키는 행위 업무상 재해 산업재해 매뉴얼 workplace harassment mobbing superiority of status or relationship business appropriate range physical and mental distress action to deteriorate the work environment

저자

• 이준희 [ Lee, Junheui | 한국경영자총협회 노동경제연구원 수석위원, 법학박사 ]

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