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A Legal Study on Introduction of Psychiatric Part in Worker Medical ExaminationⅡ: Implications for Article 26-2 Occupational Safety and Health Act “Preventive measures against health hazards caused by verbal abuse by customers”

  • DONG-A LAW REVIEW
  • 2019, (85), pp.223-248
  • DOI : 10.31839/DALR.2019.11.85.223
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : September 30, 2019
  • Accepted : November 22, 2019
  • Published : November 30, 2019

Son Mi Joung 1

1경북대학교 법학연구원

Accredited

ABSTRACT

Last year, the establishment and enforcement of Article 26-2 「Occupational Safety and Health Act」 “Preventive measures against health hazards caused by verbal abuse by customers” provided the protection system for so-called “emotional labor workers,” which has been discussed in the labor industry. Due to the nature of work, labor with emotional control is significantly more likely to result in mental and physical health injuries of the worker compared to other forms of labor and even lead to disasters such as suicide. Under this Act, employers' protection measures are specifically defined as precautionary measures before the occurrence of a health disorder and ex post protection measures after the occurrence of a health disorder. However, this article focuses on the elimination of harmful and dangerous factors that cause health problems. So, there are limitations such as that we can only rely on the employer's duty to protect the company and such as the inability to cover the protection of all workers who engage in emotional labor. Therefore, in terms of guaranteeing the right to health of workers pursuant to this Act, it is necessary to has strengthened the health screening system on the 「National Health Insurance Act」 and to characterize the ‘worker’ mental health protection system on the 「Occupational Safety and Health Act」 to supplement the legal limitations of the current emotional labor protection law.

Citation status

* References for papers published after 2022 are currently being built.

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