고용상 성적지향 차별 및 괴롭힘 연구 ― 여성 성소수자의 경험을 중심으로 ―

Abstract

The National Human Rights Commission of Korea Act specifies the discrimination based on sexual orientation as a type of the discriminatory acts, but it is very rare case that the discrimination based on sexual orientation is posed as a problem through the official procedure. The discrimination or harassment against sexual minorities bears different aspect compared to the discrimination or harassment on grounds of identities such as gender or disability. In the environment which one cannot reveal the identity, the damage from discrimination and harassment look ambiguous, and the victim often gives up to response because the response often inevitably leads to coming out. Therefore, as Yogyakarta Principles emphasize, the experience other than expressed discrimination requires focus when it comes to handling the discrimination and harassment based on sexual orientation, and it is essential to pay more attention to preventive measures as well as the processing procedure after the discrimination and harassment occurred. This thesis sought to understand the characteristics of discrimination and harassment based on sexual orientation which has a unique aspect from other discriminatory reasons by apprehending the reality of discrimination and harassment on grounds of sexual orientation that occurs in the domain of labor. Firstly, the thesis analyzed the concept of indirect discrimination, assumptive discrimination, gender expression discrimination, harassment, and microaggression, as the concept of discrimination and harassment that require attention in terms of discrimination and harassment based on sexual orientation. As the next step, the thesis empirically contemplated on the discrimination and harassment related to sexual orientation in the workplace through the in-depth interviews targeting cisgender lesbians and bisexual woman. The thesis then analyzed the experience of hate speech, heteronormative culture, forced performance of femininity, work-related harassment, discrimination in terms of the family form in welfare policy, recruitment rejection and dismissal. Additionally, the thesis studied the negative effect of workplace discrimination and harassment and the response on discrimination and harassment. The thesis reviewed the relevant laws on the prevention of discrimination and harassment based on sexual orientation to point out that the current Korean law lacks obligations of preventive measures against sexual orientation discrimination and harassment by companies. Then, the thesis introduced the Equality Act 2010 of UK and six different types that foreign companies are implementing: the case which clearly expresses the non-discrimination policy; the case which the company provides the same welfare benefit for same-sex partners and spouses; the case which prohibits the discrimination in the process of recruitment; the case which gives preference to the LGBT company when selecting the partner company; the case which supports the sexual minority rights protection. By aggregating the discussions above, the thesis called for improvement plans, including company policy change, reinforced responsiveness by trade unions against the discrimination and harassment based on sexual orientation, the sexual minority rights education in schools and companies, and the legislative changes including the comprehensive anti-discrimination law.