성희롱의 형사처벌 문제

Abstract

Criminal Punishment Problem of Sexual Aarassment The history of Sexual harassment is in company with the history of human beings. However, it just became a social issue lately. Sexual harrassment first became a public issue in the middle of the 1970's in the U.S.A, an the early stages of 1980 in England. It is from a woman assistant sexual harassment case by a professor in korea. Sexual harassment has been debated from taking the opportunity, Sexual harassment is ruled through establish of ‘Framework Act on Women's development’ on December 1995. After then, ‘Act on Equal Employment For both Sexes’ is established on February 1999. Devices about concept and prevention of Sexual harassment or victims protection, etc. is set by established laws. After that time, Sexual harassment is newly ruled as a discrimination act of equality right violence by a revised ‘National Human Right Commission Act’ on July 2005. The Welfare of The Aged Act and the Child Welfare Act is also ruled as sexual harassment for old people and children as a crime. Sexual harassment is different with sexual violence. However, Sexual harassment can be object of criminal punishment depending on the degree, because of the similarities with sexual violence. There can be some doubt it has to be object of criminal laws protection because the sexual harassment argument was started from the Labor Law theme of work surroundings and employment relations. Therefore, I will examine the legislation discussion related to sexual harassment punishment through analysis of present sexual violence punishment rules about sexual harassment punishment that extents under Criminal Law in this paper. I will study the rationality and effectiveness, propriety and legislation about sexual harassment punishment.