갑질 금지 및 직장 내 괴롭힘 금지 제도의 일원화 방안에 관한 연구- 공직자를 중심으로 -

Abstract

Public servants in Korea and public officials under the Public Officials Ethics Act are subject to a code of conduct based on their behavior and status, and the main content of the code is prohibition and restriction of public officials. Among them, the prohibition of abuses (prohibition of unfair acts by exercising job authority) stipulates that public officials(or public servants) must not engage in unfair acts by exercising their job authority or exercising de facto influence derived from their status or position. In addition, the Labor Standards Act, which regulates the working conditions of workers, has a system for prohibiting workplace harassment. It prohibits an employer or worker from using their position or relationship at work to cause physical or mental pain to another worker or to worsen the working environment beyond the reasonable scope of their duties. In both cases, the main issue and judgment criteria for determining whether it is an act of abusive behavior or workplace harassment is whether it exceeds the authority of the job or the appropriate scope of the job. In other words, the essence of the acts to be controlled through the above two prohibitions is to prevent unreasonable abuse of duties, so we will propose a clearer practical control method for public officials who are the object and subject of control by unifying them.