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A Legal and Institutional study on The Sexual Harassment in the Workplace under the Equal Employment Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 88(), pp.313-331
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2019
  • Accepted : November 20, 2019
  • Published : November 28, 2019

Choonsik Choi 1

1호남대학교

Accredited

ABSTRACT

In terms of a law pertinent to sexual harassment in workplace, a concept of sexual harassment is being defined in Gender Equal Employment Act, Gender Equality Basic Law, National Human Right Commission Act. A standard for determining sexual harassment at work is established in case of speaking and doing sexually without being limited to a spatial and temporal range in relation to job performance between the parties concerned through using superior status or relational position within workplace. As for a law in which the sexual harassment is provided currently, the sexual harassment is not being recognized as a subject to criminal sanctions as an offense. Even a regulation on sexual harassment tends to be relatively tolerant just with Civil Indemnification Liability caused by illegal act, in addition to a restriction at work. This reason leads to failing to receive the due compensation for a sexual harassment damage because of failing to report the damage despite having suffered sexual harassment in workplace, and to accepting an employment disadvantage without having even an opportunity that will recover emotion on damage. There is a need to realize the seriousness of sexual harassment at work even now, thereby necessarily rooting out sexual harassment in workplace through a strong punishment for an assailant, as well as arranging a substantial and efficient protection method for a victim.

Citation status

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