근로기준법상 직장 내 괴롭힘 금지 규정 시행1년에 대한 평가와 개선방안

Abstract

Articles 76-2 and 76-3 of the Labor Standards Act of Korea, which stipulate the definition of workplace harassment and procedures for employers to receive and process reports, provided the minimum basis for protecting victims from workplace harassment. Social awareness of workplace harassment has also changed a lot since the enforcement of the regulation. However, there are many limitations to workplace harassment through the Labor Standards Act. The current Labor Standards Act of Korea requires supplementation of workplace harassment concepts, discipline bullying by third parties, protection of workers who do not have a direct labor contract relationship with employers, protection of employer who is harassed by workers. protection of employees of small workplaces, the problem of enlarging those who have the authority to receive and investigate reports, the problems with insufficient punishment regulations, and lack of duty to implement preventive education. To solve these problems, it is most desirable to enact special laws, such as those in Sweden, Belgium, France and the United Kingdom. However, even if the current Labor Standards Act is not revised, efficiency can be increased. Under Article 34 of Korea's Trade Union and Labor Relations Act, there are ways to use a system to request the Labor Relations Commission to present its views on how to interpret and implement collective agreements, to ask employers to be more active in dealing with workers bullied by third parties, and to give the Labor Relations Commission the right to judge whether they are bullied or not. Others need to strengthen the authority of labor supervisors and give the authority of representatives of workers to intervene.