근로기준법상 직장 내 따돌림의 개념과 예방 교육의 실효적 의미

Abstract

The revision of the Labor Standards Act in 2019 legalized behavioral requirements and measures to ban workplace bullying, however in particular, the law has not effectively alleviated the phenomenon of workplace ostracism. Furthermore, academia and the media tend not to observe disharmony among members separately instead of focusing on abuse or unfair instructions by managers, called Gapjil. This paper reviews the concept of ostracism included in workplace bullying under the revised Labor Standards Act in 2019 and contributes to the preparation of measures applicable to actual workplaces by analyzing characteristics distinct from general abuse. To this end, I first consider domestic and international studies on the causes and attributes of workplace ostracism, introduce the research content discussed before the revised Labor Standards Act in 2019, and explain the nature of bullying in the workplace in light of the relevant regulations. As an alternative, this research considers the physical and mental integrity of workers as protective legal interests and emphasizes preventive education that alleviates the discriminatory factors prevalent in the workplace rather than post-processing that incompletely restores the damaged state.