In Korea, for victims of sexual harassment who are looking for remedy, different laws require people to file claims through different bodies. In the event of a violation of the Gender Equality Act, including disciplinary measures of employers against perpetrators or actors under the Equal Employment Act, the complaint should be filed with the Ministry of Employment and Labor; in the case of violation of the National Human Rights Commission Act, it should be filed with the National Human Rights Commission. At the same time, it is also possible to file a lawsuit in the court. However, administrative remedies for victims of sexual harassment are largely possible in two ways. First, there are administrative remedies reached through recommendations or mediation through the National Human Rights Commission. Second, the Ministry of Employment and Labor can enforce penalty against employers for violating mandatory provisions; however this does not provide direct remedy to the victim, but rather sees punishment of the employer who is legally liable for the offense. This study examines Korea's legal system and limitations on remedies for victims of sexual harassment. It also looks at the Canadian system in order to provide recommendations for the Korean system.
목차
Abstract Ⅰ. Introduction Ⅱ. Remedy System for Victims of Sexual Harassment in Korea 1. Contents of Regulation on Sexual Harassment under Current Law 2. Development and Limitations of Administrative Remedies for Sexual Harassment Victims Ⅲ. Sexual Harassment Victim Remedies in Canada 1. Purpose and Principles of Remedy 2. Proceedings of Victim Remedies 3. Burden of Proof 4. Contents of Remedies Ⅳ. Conclusion: Implication [References]
키워드
sexual harassmentremedies of sexual harassmenthuman rights - Korean systemhuman rights - Canadian systemgender equalityNational Human Rights Commission
저자
Lee, Soo Yeon [ Research Professor, Institute for Far Eastern Studies, Kyungnam University ]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.