노동법에서의 Gender-직장내 성희롱을 중심으로

Abstract

Since the issue on sexual harassment in workplace aroused the interests of the public upon the occurrence of the case of Ms. Woo, assistant instructor of the Seoul National University, this issue has become the central topic for the protection of women in the workplace. Reflecting such tendency, in the Equal Employment Act, the sexual harassment is considered as a kind of gender discrimination, and the Act imposes a liability under the Public Act to the employer to prevent the sexual harassment. By dealing with the structure of the illegality of the sexual harassment, and the liability of the employer in this essay, I expect that this issue will be at issue in earnest deals, and I intend to provide the clue to the discussion on this issue. In Chapter 2, I will examine the overview on the current laws concerning the sexual harassment, and in Chapter 3, I will review the precedents concerning the sexual harassment prior to the lawmaking of the sexual harassment on the basis of legal principal. And then, by considering all factors, I will express my opinion on the theory of interpretation and legislation in the current situation after the lawmaking of sexual harassment.