성희롱 관련 사업주의 조치의무 판례 연구

Abstract

Under the Korean Equal Employment Opportunity Act, the employer's duty to take action for sexual harassment complaints is different from the basis of regulations in that it stipulates an obligation in the post-process response process, not an obligation to prevent it in advance. The employer's obligation to take action under the Equal Employment Opportunity Act was revised in November 2017 to significantly prevent the issue of not conducting investigations and disciplinary procedures for reporting sexual harassment or of being subject to victimisation for reporting sexual harassment. The amendment is significant in that it is intended to improve the problem of inoperable workplace procedures, especially in private or small and medium-sized businesses. However, according to the results of analyzing the contents of the sexual harassment anonymous reporting center of the Ministry of Employment and Labor from 2019 to 2020, a significant number of victims experienced that the company's sexual harassment case process was not working, their reports of damage were ignored, or they left the company because victim protection measures were not in effect. Therefore, there is a need to specifically establish specific legal standards so that the employer's duty of action provisions can be effectively implemented. This paper summarizes the meaning and content of the employer's obligation to take action related to sexual harassment and presents major issues and specific judgment criteria based on a review of court cases.