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A Legal Study on Introduction of Psychiatric Part in Worker Medical Examination - Focused on Health Screening of ‘Emotional Laborer’ -

  • DONG-A LAW REVIEW
  • 2018, (81), pp.177-206
  • DOI : 10.31839/DALR.2018.11.81.177
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : October 8, 2018
  • Accepted : November 15, 2018
  • Published : November 30, 2018

Son Mi Joung 1

1계명대학교

Accredited

ABSTRACT

The problem of protection for emotional laborer has a very important constitutional meaning in terms of guaranteeing workers' rights of health. In spite of the debate on emotional labor has already been continued on the increase in the number of workers engaged in the service industry, there is not enough legal study. The employer's obligations to protect workers in the five regulations of the financial industry in 2016 and the Occupational Safety and Health Act of 2018 have positive implications for the protection of emotional laborers in the workplace. However, in the reality that its effectiveness is not properly examined, it is questioned how this protection regulation will contribute to the protection of emotional labor workers. Therefore, it is necessary to examine how to protect the emotional laborer through the health checkup system, which has been introduced as an all-round guarantee system for rights of health. In short, the most reasonable measure under the current health examination system is the addition of a mental examination item in the general health examination in the Occupational Safety and Health Act, so It is considered to be realized the mental health of the ‘worker’ professionally in the area of labor law.

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This paper was written with support from the National Research Foundation of Korea.
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