직장 내 괴롭힘 금지의 실무상 제 문제- 개정 「근로기준법」의 내용을 중심으로

Abstract

The right to work in a safe and healthy environment for work is one of the most basic rights of workers. Nevertheless, in workplace organizations where workers are incorporated into work places and provide labor, there are still many cases in which a worker is infringed on human dignity by being shamed, hostile, demeaned, or insulted by the dominance, subordination, personnel relations or mutual interests during business performance or business supervision between business owner, seniors, or other workers. Moreover, recent assaults and abuse of power in the workplace, resulting in suicide and extreme choices of workers have emerged as serious social issues that bullying in the workplace can no longer be neglected. The prohibition of harassment in the workplace has been implemented since July 16, 2019 after a grace period of six months through the revision of the Labor Standards Act on January 15, 2019. However, the revised Labor Standards Act only contains comprehensive standards that prohibit harassment by law in the workplace, and the specific contents of this are of this are required to be included in the employment rules of each company, which is feared to result in various and new conflicts among members of the organization as well as confusion in interpretation of laws and regulations. In particular, all matters, such as standards for victims and actors of bullying in the workplace, standards for judging bullying, follow-up measures such as internal reporting and investigation procedures and disciplinary actions, and various preventive activities, such as education and management wills, are eventually referred to the Ministry of Employment and Labor's manual, but the manual also presents various standards that violate the purpose of the law, exposing various problems in practice. In order to more actively implement the introduction of bullying regulations in the workplace, it is necessary to supplement the legislative supplements such as the revision of the Labor Standards Act and to improve the manual as soon as possible.